Azizul Haque and 6 Ors v. The State of Assam and 2 Ors

ORDER Date : 19.06.2023

Heard Mr. M. U. Mahmud, learned counsel for the petitioners. Also heard Ms. P. R. Mahanta, learned counsel, appearing on behalf of respondent No. 1; and Mr. N. Goswami, learned Government Advocate, appearing on behalf of respondents No. 2 &

¶3The petitioners, altogether 7(seven) in nos., have filed this writ petition, contending that earlier they were holding Myadi Patta Land within Tezpur Revenue Circle, but, their lands were eroded by the river Jiyabharali and in that regard, the Circle Officer, Tezpur Revenue Circle, has also issued various certificates regarding erosion of their lands.

The petitioners have also annexed 2(two) of such certificates issued in favour of petitioners No. 1 & 5.

Under the aforesaid circumstances; the petitioners have prayed for a direction to the respondent authorities for providing a suitable alternative land for their residential purpose at least 5 Bighas of land to each of the petitioners/family members and allot the said lands by providing pattas within the nearby place of Village like No. 3 Chiruani, Panchmile and Batiyamari(Panpurghat), etc., under Sootea Revenue Circle in the district of Sonitpur, Assam, with some amount of money for construction of their houses in the lands to be allotted in their names.

In support of the petitioners' contention, the petitioners have referred to Regulation 12 of the Assam Land & Revenue Regulation 1886, which reads as under: Page No.# 4/4 "12. Power to make rules for the disposal of the Government lands and ejectment therefrom of unauthorized occupier. – In the case of any land over which no person has the rights of a proprietor, land-holder or settlement-holder under this regulation, the State Government may make rules to provide for, -

(1) the disposal by way of grant, lease or otherwise of such land;

(2) the ejectment of any person who has entered into unauthorized occupation of such land; and

(3) the disposal of any crop raised, or any building or other construction erected without authority on such land."

From reading of Regulation 12 of the Assam Land & Revenue Regulation 1886; I do not find any provision made thereunder, for allotment of suitable alternative land to the persons holding Myadi Patta Lands and displaced by erosion of their lands by the river.

In view of the above and in the absence of any provision creating any right in favour of the petitioners, in the instant case, to be provided with a suitable alternative land for their residential purpose; I am of the considered view that no such direction, as prayed for by the petitioners, can be given by the Court.

Accordingly, this writ petition stands dismissed being devoid of merit.

Notwithstanding the dismissal of the writ petition; the appropriate and competent authorities may look into the grievances of the petitioners, as highlighted in their representations, in accordance with law.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010047652022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/1825/2022o AZIZULoHAQUEoANDo6oORSo S/OoLATEoIRAZoALI,oR/OoVILL-oPANPURGHAT,oP.O.-PANPUR,oP.S.- JAMUGURIHAT,oDIST-oSONITPUR,oASSAM,oPIN-784180 2:oSWADAToALI oS/OoINNASoALI oR/OoVILLoNO.o3oCHIRAUNI oP.O.-PANPUR oP.S.-JAMUGURIHAT oDIST-oSONITPUR oASSAM oPIN-784180 3:oHARMUZoALI oS/OoLATEoINNASoALI oR/OoNO.o3oCHIRUANI oP.O.-PANPUR oP.S.-JAMUGURIHAT oDIST-oSONITPUR oASSAM oPIN-784180 4:oABDULoHASHEN oS/OoLATEoIRAJoALI oR/OoNO.o3 oPANCHMILE oP.S.-BARGHAT oDIST-SONITPUR oASSAM oPIN-784180 5:oIMANoHUSSAIN oS/OoLATEoIRAZoALI oR/OoNOo3oPANCHMILE Page No.# 2/4 P.O.-PANCHMILE P.S.-BARGHAT DIST-SONITPUR ASSAM PIN-784180 6: ABUL HUSSAIN S/O LATE IRAZ ALI R/O NO 3 PANCHMILE P.O.-PANCHMILE P.S.-BARGHAT DIST-SONITPUR ASSAM PIN-784180 7: MUFIZUL HAQUE S/O LATE IRAZ ALI R/O NO. 3 CHIRUANI P.O.-PANPUR P.S.-JAMUGURIHAT DIST- SONITPUR ASSAM PIN-78418 VERSUS THE STATE OF ASSAM AND 2 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY, GOVERNMENT OF ASSAM, REVENUE DEPARTMENT, DISPUR, GUWAHATI-781006 2:THE DEPUTY COMMISSIONER SONITPUR DISTRICT AT TEZPUR ASSAM 3:THE CIRCLE OFFICER NADUAR REVENUE CIRCLE SOOTEA REVENUE CIRCLE P.O. AND P.S.-SOOTEA DIST-SONITPUR ASSAM PIN Advocate for the Petitioner : MR. M U MAHMUD Advocate for the Respondent : SC, REVENUE Page No.# 3/4 BEFORE HONOURABLE MR. JUSTICE NANI TAGIA