Najmul Hoque and 12 Ors v. The State of Assam and 9 Ors

ORDER

25.08.2023 Heard Mr. M. Rana, learned counsel for the petitioners. Also heard Mr. P. Nayak, learned Standing Counsel, PWD, Assam appearing for the respondent Nos.1, 2 and 3 and Ms. S. Sarma, learned Govt. Advocate, Assam appearing for the respondent Nos.4 and 5. Mr. A. Das, learned counsel for the respondent No.6 and Mr. M. A. I. Hussain, learned counsel for the respondent Nos.7, 8 and 9 are also present. The writ petitioners herein admittedly were in occupation of sarkari land. Aggrieved by their eviction from the said plot of land without issuing any prior notice, the petitioners have approached this Court by filing the instant writ petition. Ms. Sarma, learned Govt. Advocate, Assam submits that the petitioners were encroachers upon sarkari land which plot was required for construction of a model residential school and therefore, they do not have any right that can be enforced in this writ petition. Similar is the submission of the learned counsel appearing for the other respondents. Mr. Nayak, learned Standing Counsel, PWD submits that after evicting the petitioners from the land, the construction of the model residential school has already been carried out and the said construction is nearing completion. Page No.# 6/6 Therefore, nothing survives for adjudication in this writ petition at this point of time. Mr. Rana, learned counsel for the petitioners has also fairly submitted that construction over the land is almost complete but his grievance is pertaining to the manner in which his clients were evicted from the land without issuing any prior notice. Whether prior notice was called for before evicting encroachers on sarkari land, in the face of the admission made by the petitioners' counsel, is debatable. Be that as it may, since the petitioners have already been evicted and the construction of the school building has already been raised over the sarkari land is almost complete, this Court is of the opinion that there is no real issue that calls for adjudication by this Court in this proceeding at this point of time. This writ petition is, therefore, closed.

JUDGE Comparing Assistant

PageoNo.#o1/6 GAHC010089822022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/3192/2022o NAJMULoHOQUEoANDo12oORS.o S/O-oJABBARoALI,oR/O-oVILLAGE-oKHORAGAONoPART-I,oP.O.o CHALANTAPARA,oP.S.oABHAYAPURI,oDIST.-oBONGAIGAON,oASSAM,oPIN-o 783388. 2:oISLAMoHOQUE oS/O-oLATEoJORIFULLAH 3:oSORIFULoHOQUE oS/O-oSOHRABoALI 4:oSAMIRoHUSSAIN oS/O-oMOZIBURoALI 5:oTOHIDULoISLAM oS/O-oMOYEZoUDDIN PageoNo.#o2/6 6:oREGINAoBEGUM oW/O-oLATEoADIoHUSSAIN 7:oMOZIDAoKHATUN oW/O-oJAMALUDDIN 8:oNOSIBULoALI oS/O-oGOLAMoALI 9:oZAMALUDDIN oS/OoTOYABoALI 10:oMOLINAoKHATUN oW/O-oMOYEZoUDDIN PageoNo.#o3/6 11:oISIMJANoBEWA oW/O-oSADEKoALI 12:oROFIQULoISLAM oS/O-oISLAMoHOQUE 13:oMAMTAJoBEGUM oD/O-oKHADIMoALI oPIN-o783388o VERSUSo THEoSTATEoOFoASSAMoANDo9oORS.o REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.o OFoASSAM,oPWDo(BLDG)oDIV.,oDISPUR,oGUWAHATI-6. 2:THEoCHIEFoENGINEERoPWDo(BLDG)oDIVISION oCHANDMARI oGHY.-3. 3:EXECUTIVEoENGINEER oPWD(BLDG)oDIVISION oBONGAIGAON oPIN-o783380. 4:DEPUTYoCOMMISSIONER PageoNo.#o4/6 oBONGAIOGAON oP.O.oANDoDIST.-oBONGAIGAON oPIN-o783380. 5:CIRCLEoOFFICER oSRIJANGRAMoREVENUEoCIRCLE oP.O.-oABHAYAPURI oPIN-o783384. 6:RUDRAoKUMARoPATHAK oS/O-oLT.oBHUMIDHARoPATHAK oABHAYAPURI oWARDoNO.o3 oP.O.oANDoP.S.oABHAYAPURI oDIST-oBONGAIGAON oPIN-o783384. 7:ANOWARoHUSSAIN oS/O-oHAFEZUDDINoHUSSAIN oVILL-oKHORAGAONoPART-I oP.O.-oCHALANTAPARA oDIST-oBONGAIGAON oPIN-o783388 oASSAM. 8:NURULoHUSSAIN oS/O-oANOWARoHUSSAIN oVILL-oKHORAGAONoPART-I oP.O.-oCHALANTAPARA oDIST-oBONGAIGAON oPIN-o783388 oASSAM. 9:KUTUBoALI oS/O-oMIZAUDDINoALI oVILL-oKHORAGAONoPART-I oP.O.-oCHALANTAPARA oDIST-oBONGAIGAON oPIN-o783388 oASSAM. 10:THEoREVENUEoANDoDISASTERoMANAGEMENToDEPARTMENToOFoTHEo STATE oREP.oBYoITSoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVERNMENToOFo Page No.# 5/6 ASSAM Advocate for the Petitioner : MR H SARMA Advocate for the Respondent : SC, P W D BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM