Aftab Uddin and 11 Ors v. The State of Assam and 5 Ors

ORDER Date : 21.12.2023

¶1The 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 Pargona Devidsonabad under Sonai Revenue Circle in the District of Cachar.

¶2The 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.

¶3This Court have also perused the affidavit-in-opposition filed on 04.12.2023 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 ground to interfere with the notice which has been issued to the Petitioners. The Page No.# 4/4 Respondent Authorities therefore shall be at liberty to take such action as deemed fit in accordance with law.

¶4With above observations and directions, the instant writ petition stands disposed of.

¶5Before 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.

¶6These observations however shall not affect the rights of the Respondent Authorities to take such action in terms with the impugned notice.

¶7Interim order passed earlier stands vacated.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010045442017 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/6408/2017o AFTABoUDDINoando11oORS.o S/OoLATEoMASURoALI 2:oASIKoALI oD/OoLATEoBARIKoALI 3:oHALIMAoBIBI oW/OoABDURoRAHMAN 4:oSAJALAoBEGUM oW/OoBABULoUDDIN 5:oFORIZUNoBEGUM oW/OoRAJIBoUDDIN 6:oANARoALI oS/OoNIMARoALI 7:oSAFATUNoNESSA oW/OoROISoALI 8:oJAHIRULoALOM oS/OoJAMALoUDDIN 9:oKAJOLAoBEGUM oW/OoASABoUDDIN 10:oMOINULoHOQUE oS/OoMONIRoUDDIN 11:oARIFoUDDIN oS/OoSAFIKoUDDIN 12:oAZIDAoKHANAM Page No.# 2/4 W/O KAMRUL ISLAM MAZUMDER ALL ARE RESIDENTS OF VILLAGE- RAJGHAT PO- BHAGABAZAR PS- DHOLAI DIST. CACHAR ASSAM PIN-78812 VERSUS THE STATE OF ASSAM and 5 ORS. REP. BY THE COMMISSIONER and SECRETARY TO THE GOVT. OF ASSAM, REVENUE SETTLEMENT DEPTT., DISPUR, GUWAHATI-6 2:THE DIRECTOR LAND RECORDS AND SURVEYS ETC. RUPNAGAR GUWAHATI-32 3:THE DEPUTY COMMISSIONER LAND SETTLEMENT BRANCH CACHAR PO-SILCHAR DIST. CACHAR ASSAM PIN-788001 4:THE ADDITIONAL DEPUTY COMMISSIONER REVENUE BRANCH CACHAR PO- SILCHAR DIST. CHACHAR ASSAM PIN-788001 5:THE CIRCLE OFFICER SONAI REVENUE CIRCLE PO- SILCHAR DIST. CACHAR ASSAM PIN-788119 6:THE ASSISTANT SETTLEMENT OFFICER SONAI REVENUE CIRCLE PO- SILCHAR DIST. CACHAR ASSAM PIN-78811 For the Petitioner(s) : Mr. A. H. M. R. Choudhury, Advocate Page No.# 3/4 For the Respondent(s) : Ms. U. Das, Addl. Sr. Government Advocate : Ms. N. Bordoloi, Standing Counsel BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH