Subhash Sarma and 4 Ors v. The State of Assam and 5 Ors

ORDER

11.08.2023 The instant writ petition has been filed by the Petitioners who are five in numbers challenging the action of the Respondent Authorities in trying to evict the Petitioners from their plot of land covered by Dag No. 697 of Patta No. 349 of Village—Niz Mikir Gaon, P.S.- Mikirbheta in the District of Morigaon, Assam. 2 This Court have duly perused the Annexure-1 to the writ petition which is the Jamabandi in respect to the land covered by Dag No. 697 of Patta No. 349 of Village—Niz Mikir Gaon, P.S.- Mikirbheta in the District of Morigaon, Assam. From a perusal of the said Jamabandi, it reveals that the names of the Petitioners are mentioned therein. It further reveals from Annexure-2 to the writ petition that the pattadars in respect to the land covered by Dag No. 697 have also paid land revenue.

¶3Be that as it may, each of the Petitioners have been issued eviction notices under Rule 18(2) of the Settlement Rules framed under the Assam Land and Revenue Regulations, 1886. In the said Page No.# 4/4 eviction notices, it is seen that the Schedule has been duly mentioned to be at Village –Niz Mikir Gaon, Mouza-Silpukhuri, Dag No. Kisam-744, area-1/2 lecha.

¶4The learned counsel for the Petitioners duly admits that the Petitioners have no right over the land under Dag No. Kisam-744 which is a Government land.

¶5Taking into account the above, this Court therefore disposes off the writ petition directing the Respondent Authorities not to evict the Petitioners in respect to their land covered by Dag No. 697 of Patta No. 349 of Village—Niz Mikir Gaon, P.S.- Mikirbheta in the District of Morigaon, Assam on the basis of the impugned notices.

¶6It is made clear that taking into account that the Petitioners have no right over the land covered by Dag No. Kisam-744, the Respondent Authorities, more particularly the Respondent Nos. 4 to 6 shall be at liberty to take such actions as deemed necessary in accordance with law.

¶7The interim order, if any stands vacated.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010132552017 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/3698/2017o SUBHASHoSARMAoando4oORS.o S/O.oLT.oCHUTMALoSARMA,oR/O.oVILL.oNIZoMIKIRoGAON,oP.O.oBARAPUJIA,o P.S.oMIKIRBHETA,oDIST.oMORIGAON,oASSAM. 2:oCHANDRAoKANTAoKEOT oS/O.oLT.oBAPUTIRAMoKEOT oR/O.oVILL.oNIZoMIKIRoGAON oP.O.oBARAPUJIA oP.S.oMIKIRBHETA oDIST.oMORIGAON oASSAM. 3:oPRAHLADoSAIKIA oS/O.oKAMALAoKANTAoSAIKIA oR/O.oVILL.oDARANGIALoGAON oP.O.oBARAPUJIA oP.S.oRAHA oDIST.oNAGAON oASSAM oPIN-782001. 4:oJITUoKUMARoPATAR oS/O.oLT.oCHITANoPATAR oR/O.oVILL.oTANGUNMARA oP.S.oRAHA oNAGAON oASSAM oPIN-782001. 5:oSMTI.oLAMBIKAoDEKA oW/O.oLT.oRANAoKANTAoDEKA Page No.# 2/4 R/O. VILL. NIZ MIKIR GAON P.O. MARAPUJIA P.S. MIKIRBHETA DIST. MORIGAON ASSAM 782105 VERSUS THE STATE OF ASSAM and 5 ORS. REP. BY THE COMM. and SECY. TO THE GOVT. OF ASSAM, REVENUE DEPTT., DISPUR, GUWAHATI-6. 2:THE COMM. and SECY. TO THE GOVT. OF ASSAM P.W.D. ROADS ASSAM DISPUR GUWAHATI-6. 3:THE DIRECTOR OF LAND RECORDS ASSAM ROOPNAGAR GUWAHATI-6. 4:THE DY. COMMISSIONER OF MORIGAON DIST. MORIGAON ASSAM PIN-782105. 5:THE EXECUTIVE ENGINEER P.W.D. ROADS MORIGAON DIST. MORIGAON ASSAM 782105. 6:THE CIRCLE OFFICER MIKIRBHETA REVENUE CIRCLE MIKIRBHETA DIST. MORIGAON ASSAM. 782105 For the Petitioners : Mr. J. Ahmed, Advocate. Page No.# 3/4 For the Respondents : Ms. M. Barman, Advocate. BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH