Johirul Islam v. The State of Assam and 5 Ors

ORDER

12.08.2024 Heard Mr. D.A. Kaiyum, learned counsel for the petitioner, who submits that despite the order dated 13.03.2024 passed in WP(C) 823/2024, the State respondents have settled the Suapata Part III Ferry service with the respondent No.6 over the petitioner's private land measuring 6 Bighas 1 Katha 15 Lechas under Kheraj Myadi Pattta No.193 Dag No.278, located at Village Suapata Part III under Bilasapara Revenue Circle, Dhubri district and the petitioner's uncle Page No.# 3/4 Mohammad Ali's land measuring 1 Bigha 4 Katha 13 Lechas covered by Kheraj Myadi Patta No. 152, Dag No.317 located at Village Suapata Part III under Bilasapara Revenue Circle, Dhubri district.

¶2Ms. M.D. Bora, learned counsel for the Transport Department has submitted letter No.FC/222/Pt-XVII/2022-24-/6128 dated 09.08.2024, which states that the original point of embarkation and disembarkation of Suapata Part III has been shifted to a different location in pursuance to the order dated

13.03.2024 passed in WP(C) 823/2024. The said letter dated 09.08.2024 is made a part of the record and marked as Annexure 'X'.

¶3The counsel for the Transport Department further submits that in terms of the representation dated 02.07.2024 issued by the petitioner to the District Commissioner, Dhubri, there is a mention of only one land measuring 6 Bighas 1 Katha 15 Lechas covered by KP Patta No. 193, Dag No.278 in Village Suapata Part III, Bilasapara Revenue Circle, Dhubri district. She submits that the letter dated 02.07.2024 further states that "aforesaid plot of land had been eroded in the River Gaurang about 15 years ago. Thereafter, we established a private ghat in the name of 'Suapata Part III Ghat' over the said private land and have been running the same."

¶4I have heard the learned counsels for the parties.

¶5Whatever may be the issue that is sought to be raised, the fact remains that the order passed in WP(C) 823/2024 has been complied with, as can be seen in the letter dated 09.08.2024 issued by the respondent No.2.

¶6The petitioner's counsel having submitted that due to the letter dated Page No.# 4/4

09.08.2024, he does not wish to press the present writ petition, the present writ petition stands closed as not pressed. It is needless to add that if the petitioner is running a private ghat, the respondent authorities should not disturb the petitioner, provided that the ghat is not a public ghat and same is not in violation of any law or rule. The fact as to whether the private land claimed by the petitioner is public land or private land, i.e., Patta No.193, Dag No.278, should be decided by the respondent No.2 along with the concerned Circle Officer, after informing the petitioner that he may be allowed to participate in the verification process. Subsequent to the spot verification being made, the petitioner may be allowed to run the ghat, if it is a private ghat, as per rules.

¶7This Court is of the view that the petitioner cannot claim any relief/direction in respect of the land allegedly owned and possessed by the petitioner's uncle Mohammad Ali, inasmuch as, the said person is not a party in this writ petition. Further, the alleged land of the petitioner's uncle was never an issue in the earlier round of litigation, i.e., WP(C) 823/2024. Further, there is nothing to show in the writ petition that the petitioner's uncle Mohammad Ali has authorized the petitioner to make any claim with regard to his alleged land covered by Kheraj Myadi Patta No. 152, Dag No.317 located at Village Suapata Part III under Bilasapara Revenue Circle, Dhubri district.

¶8The writ petition is accordingly disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010159812024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/4064/2024o JOHIRULoISLAMo S/OoLATEoKOBADoALI,o VILLAGE-oSUAPATAoPART-III,o P.O.-oSUAPATA,o P.S.-oBILASIPARA,o DISTRICT-oDHUBRI,oASSAM. VERSUSo THEoSTATEoOFoASSAMoANDo5oORSo REPRESENTEDoBYoTHEoSECRETARYoTOoTHEoGOVT.oOFoASSAM,o TRANSPORToDEPARTMENT,oDISPUR,oGUWAHATI-o781006. 2:THEoEXECUTIVEoENGINEER oINLANDoWATERoTRANSPORToDIVISION oULUBARI oGUWAHATI-o781007. 3:THEoASSISTANToEXECUTIVEoENGINEER oIWToSUB-DIVISION oDHUBRI oP.O.oANDoDISTRICT-oDHUBRI oASSAM o PIN-o783301. 4:THEoSECTIONALoOFFICER oSUAPATAoPART-IIIoFERRYoSERVICE o IWToSUB-DIVISION oDHUBRI o Page No.# 2/4 P.O. AND DISTRICT- DHUBRI ASSAM PIN- 783301. 5:THE OFFICER IN-CHARGE BILASIPARA POLICE STATION P.O.- BILASIPARA DISTRICT- DHUBRI ASSAM PIN- 783348. 6:ABDUL MATLEB S/O- ZAHER ALI VILLAGE- CHOLAKURA PART-I P.O. AND P.S.- SUNARI DISTRICT- GOALPARA ASSAM. PIN- 783129 Advocate for the Petitioner : MR. D A KAIYUM, MR. M S MONDAL,MR. S H RAHMAN Advocate for the Respondent : SC, IWT, GA, ASSAM BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA