Monu Nath and 2 Ors v. The State of Assam and 4 Ors

ORDER

20.04.2023 Heard Shri IH Saikia, learned counsel for the applicants/writ petitioners. Also heard Ms. PR Mahanta, learned Standing Counsel, Revenue Department, Assam.

¶2This interlocutory application has been filed for correction of the order dated

08.02.2023 passed in the connected WP(C)/6279/2021.

¶3The projected facts in the writ petitions was that the petitioners were Joint Tenure Holders of various Estates covered by various Taluk numbers which were acquired by the Government of Assam under the State Acquisition of Zamindaries Act, 1951 (hereinafter referred to as the Act). After such acquisition, the compensation Page No.# 3/5 was assessed by an Award which had attained finality and since the amount involved in the Award was not paid, a writ petition was filed by the petitioners in which there was an order to examine the claims of the petitioners. The said order of this Court was also not complied with leading to filing of the present case. It may be mentioned that along with the present writ petition, another writ petition, being WP(C)/6281/2021 by four numbers of petitioners was filed with identical cause of action.

¶4It appears that in one of the writ petitions, the Department had filed an affidavit wherein, though a reference to certain cases taken up by the Vigilance Department was mentioned. In paragraph 4 of the said affidavit-in-opposition dated 13.12.2022 certain cases were mentioned which were not in the list of 57 numbers of cases which were within the ambit of the investigation by the CID. In the order dated 08.02.2023, the aforesaid paragraph 4 was quoted.

¶5Shri Saikia, learned counsel for the applicants has, however clarified that in the affidavit filed, the case numbers mentioned in paragraph 4 was pertaining only to the other writ petition, namely, WP(C)/6281/2021 and in absence of a separate affidavit, such case numbers have been reflected in the order dated 08.02.2023 which was a common order passed in both the writ petitions, namely, WP(C)/6279 & 6281 of 2021.

¶6Shri Saikia, learned counsel for the applicants has further submitted that in the present interlocutory application, the Department has filed an affidavit by which the matter has been clarified and the stand taken by the applicants has been endorsed. The learned counsel, accordingly submits that necessary clarificatory order may be passed by modifying the order dated 08.02.2023.

¶7Ms. Mahanta, learned Standing Counsel, Revenue Department has fairly submitted that the quotation in the earlier order regarding paragraph 4 pertains to the Page No.# 4/5 other writ petition which has been clarified by the present affidavit filed on

06.04.2023. By drawing the attention of this Court to the averments made in paragraph 6 of the said affidavit, the learned Standing Counsel has submitted that so far as the present writ petition, namely, WP(C)/6279/2021 is concerned, the concerned cases are mentioned in the paragraph 6 which is extracted hereinbelow:

"6. That with regards to the statement made in paragraph 5 of the instant Interlocutory Application, the deponent states that the compensation case no. SMP-30/83, SMP-18/78, SMP-12/83, SMP-14/78, SMP-7/83, RN-14/78, RN-32/78, RN-49/83, RN-20/78, RN-36/83, PG-30/78, PG-28/78, PG-56/83, PG-50/84, PG-48/84, PG-43/78, BH-4/78, ES-10/78, ES-8/78, BH-14/78, PG-20/78, PG-41/78, PG-17/78, PG-22/78, PG-25/78, KKL-59/83, KKL-40/78, KKL-32/78 as mentioned by the applicants are not found in the list of 57 nos. of Zamindari cases that are under the investigation of CID."

¶8After hearing the parties and on perusal of the records, the instant interlocutory application stands allowed by clarifying that the original order dated 08.02.2023 would also include the cases referred to in paragraph 6 of the affidavit which has been extracted hereinabove and the same are in respect of the WP(C)/6279/2021.

¶9It is further made clear that for all practical purposes, the present order is required to be read as a part of the order dated 08.02.2023 passed in both the writ petitions. Page No.# 5/5

¶10The interlocutory application stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010039012023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/474/2023o MONUoNATHoANDo2oORSo S/O.oLT.oSURESHoNATH,oVILL.oBEDRONG,oP.O.oKUSHIRARKUL,oDIST.o KARIMGANJ,oASSAM,oPIN-788009. 2:oRANJUoNATH oS/O.oLT.oABANTIoNATH oVILL.oTALTALA oP.O.oDEWADI oDIST.oKARIMGANJ oASSAM oPIN-788722. 3:oNIRENoNATH oS/O.oADHIRoNATH oVILL.oTIKARPARA oP.O.oUMARPUR oDIST.oKARIMGANJ oASSAM oPIN-788806o VERSUSo THEoSTATEoOFoASSAMoANDo4oORSo REP.oBYoTHEoADDL.oCHIEFoSECRETARYoTOoTHEoGOVT.oOFoASSAM,o REVENUEo(REFORMS)oANDoDISASTERoMANAGEMENToDEPTT.,oDISPUR,o GUWAHATI-781006. 2:THEoPRINCIPALoSECRETARY oTOoTHEoGOVT.oOFoASSAM oFINANCEoDEPTT. oDIPUR oGUWAHATI-781006. 3:THEoDEPUTYoSECRETARY Page No.# 2/5 TO THE GOVT. OF ASSAM REVENUE (BUDGET) DEPTT. DISPUR GUWAHATI-781006. 4:THE DEPUTY SECRETARY REVENUE (REFORMS) DEPTT. DISPUR GUWAHATI-781006. 5:THE COMPENSATION OFFICER KARIMGANJ P.O. P.S. AND DIST. KARIMGANJ ASSAM PIN-788710 Advocate for the Petitioner : MR. I H SAIKIA Advocate for the Respondent : GA, ASSAM BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI