Manik Ali and 4 Ors v. The State of Assam and 4 Ors

ORDER

13.10.2023 Heard Mr. S. Hoque, learned counsel for the applicants. Also heard Ms. N. Bordoloi, learned Standing Counsel, Revenue Department, Assam and Mr. S. Baruah, learned Govt. Advocate, Assam appearing for the official respondents. This I.A. has been filed with a prayer to issue further direction upon the Page No.# 3/4 respondents to implement the order dated 11.05.2022 passed by that Court in I.A.(Civil) No.1334/2022. It appears that the applicants had earlier approached this Court by filing I.A. (Civil) No.1334/2022 arising out of WP(C) No.2691/2022 seeking protection of their possession and right over the land measuring 2 Bighas 3 Kathas and 11 Lechas covered by Dag No.765, Khatian No.119, Eksona Patta No.57, (Old N. K. Patta No.3) of village – Tulsibari, Mouza-Panduri, Rangia Revenue Circle in the district of Kamrup. However, since the petitioners were already evicted from the land in question, hence, by order dated 11.05.2022 the learned Single Judge had directed that until disposal of WP(C) No.2691/2022, the aforesaid plot of land shall not be handed over to any private party/3rd party including the respondent No.4, without the leave of the Court. The instant I.A. has been filed inter-alia contending that some persons have been seen to be working in the plot of land and therefore, there is reasonable ground to presume that the land has been allotted to third party in violation of the order of this Court. Ms. Bordoloi has, however, refuted the contention of the applicants' counsel and by referring to the affidavit filed in the writ petition as well as in this I.A. submits that no allotment of the land has been made till today to any private party/3rd party and therefore, the allegations are completely unfounded. If the authorities have taken a categorical stand in the affidavit that the land in question has not been allotted to any 3rd party/private party in violation of the Court's order, the question of issuing any further order in this I.A., as prayed for, does not arise. In other words, from the materials on record it is established that the order of this Court has been implemented by the authorities. Merely Page No.# 4/4 because the applicants have seen some person in the field cannot be construed as an act of violation of the order of this Court unless there are documentary evidence to show that the allotment of the land has been made in favour of such persons. In view of the above, this I.A. stands closed by observing that no further order calls for in this proceeding.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010122652022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/1817/2022o MANIKoALIoANDo4oORSo S/O.oLT.oMOFIZoUDDIN, 2:oMAINUDDIN oS/O.oLT.oMAJIBARoRAHMAN 3:oALIoHUSSAIN oS/O.oLT.oAKTARoALI 4:oAFZALoHUSSAIN oS/O.oLT.oAKTARoALI 5:oABEDoALI oS/O.oLT.oAKTARoALI oALLoAREoR/O.oVILL.oTULSIBARI oRANGIAoDARRANGAoROAD oP.O.oTULSIBARI oP.S.oRANGIA oDIST.oKAMRUP oASSAMo VERSUSo THEoSTATEoOFoASSAMoANDo4oORS.o REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.o OFoASSAM,oREVENUEoDEPARTMENT,oDISPUR,oGUWAHATI-06. 2:THEoCOLLECTOR/oTHEoDEPUTYoCOMMISSIONERo(REVENUEoBRANCH) oKAMRUPoAToAMINGAON oDIST.oKAMRUP Page No.# 2/4 ASSAM GHY-31. 3:THE SUB-DIVISIONAL OFFICER RANGIA SUB-DIVISION DIST. KAMRUP ASSAM PIN-781376. 4:THE CIRCLE OFFICER RANGIA REVENUE CIRCLE RANGIA P.O. RANGIA DIST. KAMRUP ASSAM PIN-781376. 5:THE SECRETARY TULSIBARI BAZAR UNNAYAN COMMITTEE RANGIA DIST. KAMRUP ASSAM PIN-781376 Advocate for the Petitioner : MR. M K CHOUDHURY Advocate for the Respondent : GA, ASSAM BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM