Abul Hussain Choudhury and 23 Ors v. The State of Assam and 5 Ors

ORDER

20.05.2024

Heard Mr. A.H.M.R. Choudhury, learned counsel for the petitioners. Also heard Ms. N. Bordoloi, learned Standing Counsel, Revenue for the respondent Nos. 1 & 2 and Ms. K.A. Mazumder, learned counsel for the respondent No.7.

¶2The instant writ petition has been filed challenging the notice issued under the Regulation 18(2) of the Assam Land and Revenue Regulation, 1886 by the Circle Officer, Sonai Revenue Circle, Sonai, Cachar asking the petitioners to vacate the VGR lands measuring 34 Bighas under Dag No. 478/465 Mouza-Rajghat, Porgona Devidsonabad under Sonai Revenue Circle in the District of Cachar.

¶3The case of the petitioners is that the petitioners as well as the predecessor-in-interest of the Petitioners have been residing for the last 40-45 years in the said land and as such they are landless people for which the petitioners should not be evicted in terms with the said notice.

¶4This Court has also perused the affidavit-in-opposition filed on 14.05.2024, wherein it has been mentioned that the lands in question are VGR lands and as such, in order to free the VGR lands, the said notice was issued. The said action on the part of the respondent authorities is in accordance with the provisions of Rule 18(2) of the Settlement Rules under the Assam Land and Revenue Regulation, 1886 and further, is in consonance with the judgment of the Supreme Court Jagpal Singh and Others Vs. State of Punjab and others reported in (2011) 11 SCC 396. Under such circumstances, this Court finds no Page No.# 5/5 ground to interfere with the notice which has been issued to the petitioners. The respondent authorities, therefore, shall be at liberty to take such action as deemed fit in accordance with law.

¶5With above observations and directions, the instant writ petition stands disposed of.

¶6Before parting with the records, this Court however observes that the petitioners herein would be at liberty to file appropriate application in terms with the Land Policy, 2019, if they are eligible in terms with the said Land Policy seeking allotment of other lands.

¶7These observations, however, shall not affect the rights of the respondent authorities to take such action in terms with the impugned notice.

¶8Interim order passed earlier stands vacated.

JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010036932017 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/5210/2017o ABULoHUSSAINoCHOUDHURYoando23oORS.o 2:oDHONIAoMIA oS/O-oMOKBULoALI 3:oCHANDoMIA oS/O-oJABANoALI 4:oENAMULoHOQUEoLASKAR oS/O-oLATEoALIMoUDDINoLASKAR 5:oRAJIBoUDDINoMAZUMDER oS/O-oAYNULoHAQUEoMAZUMDER 6:oJABILoAHMED oS/O-oFARISoUDDIN 7:oKULSUMAoBEGUMoMAZUMDER oD/O-oLATEoTAYABoALIoMAZUMDER 8:oALIoAMZADoBARBHUIYA oS/O-oLATEoABUoBAKKARoBARBHUIYA 9:oRAFIQUEoUDDINoMAZUMDER oS/O-oLATEoFIROJoALIoMAZUMDER 10:oAFTARoUDDIN oS/O-oLATEoARPANoALI 11:oROISoALIoSHEIKH oS/O-oLATEoASADoALIoSHEIKH 12:oALIoAHMED PageoNo.#o2/5 oS/O-oLATEoHAMIDoRAJA 13:oMONAIoMIA oS/O-oLATEoMOKBULoALI 14:oAMIRoHUSSAINoLASKAR oS/O-oAKBARoALIoLASKAR 15:oFARUKoAHMEDoSHEIKH oS/O-oULFAToALIoSHEIKH 16:oSARIFoUDDIN oS/O-oLATEoSURAJoALI 17:oRAHIMoUDDIN oS/O-oFUSMAToALI 18:oLUKUCHoMIA oS/O-oMURAKIBoALI 19:oMOINAoMIAoBARBHUIYA oS/O-oLATEoTAZAMULoALIoBARBHUIYA 20:oAYAZoALI oS/O-oLATEoATARoALI 21:oJABULoHUSSAIN oS/O-oAYAZoALI 22:oABDULoJALIL oS/O-oLATEoSAIDoALI 23:oJAMILAoKHATUNoLASKAR oW/O-oLATEoALIMoUDDINoLASKAR 24:oALIMoUDDIN oS/O-oABDURoRAHMAN oALLoAREoR/O-oVILL-oRAJGHAT oP.O-oBHAGABAZAR oP.S-oDHOLAI oDIST-oCACHARoASSAM oPIN-o78812o VERSUSo THEoSTATEoOFoASSAMoando5oORS.o REP.oBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVToOFoASSAM,o REVENUEoSETTLEMENToDEPARTMENT,oDISPUR,oGUWAHATI-6 Page No.# 3/5 2:THE DIRECTOR LAND RECORDS AND SURVEYS ETC. RUPNAGAR GUWAHATI- 32 3:THE DEPUTY COMMISSIONER LAND SETTLEMENT BRANCH CACHAR P.O- SILCHAR DIST- CACHAR ASSAM PIN- 788001 4:THE ADDITIONAL DEPUTY COMMISSIONER REVENUE BRANCH CACHAR P.O- SILCHAR DIST- CACHAR ASSAM PIN- 788001 5:THE CIRCLE OFFICER SONAI REVENUE CIRCLE P.O- SILCHAR DIST- CACHAR ASSAM PIN- 788119 6:THE ASSISTANT SETTLEMENT OFFICER SONAI REVENUE CIRCLE P.O- SILCHAR DIST- CACHAR ASSAM PIN- 788119 7:NURUL ISLAM LASKAR S/O. LATE KAMAL DAR ALI LASKAR VILL. RAJGHAT P.O. BAGABAZAR P.S. DHOLAI DIST. CACHAR ASSAM Advocate for the Petitioner : MS. A BEGUM Advocate for the Respondent : GA, ASSAM Page No.# 4/5 BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI