Datching Brahma v. The State of Assam and 5 Ors

ORDER Date : 31.05.2024

Heard Mr.I.A. Talukdar, learned counsel for the petitioner. Also heard Mr. A.R. Sikdar, learned counsel for respondent No.5; Ms. R.B. Bora, learned Standing Counsel, BTC and Ms. M. Malik, learned counsel for respondent No.6.

¶2The petitioner is aggrieved by the impugned order dated 09.07.2021 issued Page No.# 3/4 by the Secretary, BTR, Kokrajhar by which the area of land measuring 09 Bighas, 1 kath and 3 Lechas have been allotted to one Smti. Chinu Narzary, who is the private respondent no.5.

¶3The learned counsel for the petitioner further submits that as per the land policy, at present only 2 Bighas of land, which can be allotted to persons. That apart, the land which is allotted to the private respondent No.5 is under the possession of the writ petitioner and therefore, without issuance of any notice, the interim order by the BTC not have been issued. He, being aggrieved, has approached this Court praying for appropriate writ directions of order.

¶4The respondent No.3 has filed their affidavit contesting the case of the writ petitioner.

¶5Although notices have been issued in the matter, today when the matter is called up, learned counsels appearing for the parties are in agreement that the matter can be remanded back to the respondent No.3, namely, the Secretary, Land Revenue and HD Department, Bodoland Territorial Council, Dist-Kokrajhar, Assam to re-decide this issue of allotment in respect of respondent No.5 and pass appropriate orders keeping in view the land allotment policy framed by the State of Assam.

¶6In the event if the BTC authorities decide that the land allotted to the respondent No.5 by impugned order dated 09.07.2021 needs to be revisited and a separate land or a lesser amount of land is required to be allotted to respondent No.5 then the amount of premiums stated to have been paid by the respondent No.5 should be refunded or adjusted accordingly.

¶7The BTC authorities will examine the claims of the writ petitioner that he was in possession of the land of 09 Bighas, 1 kath and 3 Lechas covered by T.B. Page No.# 4/4 No.37, dag No.01 situated at Chandmari Chit, near Bodofa Cultural Complex, Kokrajhar. The respondent No.3 will proceed to hear the matter and take into account the objections raised by the writ petitioner and/or the private respondents and thereafter pass appropriate orders.

¶8The entire exercise be completed within a period of 90 (ninety) days from the date of receipt of the certified copy of this order.

¶9Till the matter is decided, the respondent No.5 is directed not to alienate or create third party rights on the plot of land allotted to the writ petitioner by the BTC vide impugned order dated 09.07.2021. The BTC authorities, after hearing the petitioner and the respondent Nos. 5 and 6 will pass a fresh order deciding the issue and copy of such a speaking order shall be served on all the affected parties, including the writ petitioners and respondent Nos. 5 and 6. If the BTC authorities after hearing the matter, passes an order upholding the impugned order dated 09.07.2021 then the petitioner would be at liberty to utilize the land under the provisions of law as permitted.

¶10Writ petition, is accordingly, allowed and disposed of. No order as to cost.

¶11Interim order, if any, stands vacated.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010166622021 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/5469/2021o DATCHINGoBRAHMAo S/OoLATEoANISWARoBRAHMA,oR/OoKOKRAJHARoTOWN,oWARDoNO.o3,o BOROoBHATAMARI,oP.O./P.S.oANDoDIST.oKOKRAJHAR,oBTC,oASSAM. VERSUSo THEoSTATEoOFoASSAMoANDo5oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECY.oLANDoREVENUEo DEPTT.,oGOVT.oOFoASSAM,oGUWAHATI. 2:THEoPRINCIPALoSECY. oBODOLANDoTERRITORIALoCOUNCIL oBODOFAoNWGWR oP.O. oP.S.oANDoDIST.oKOKRAJHAR oASSAM oPINo783370 3:THEoSECY. oLANDoREVENUEoANDoHDoDEPTT. oBODOLANDoTERRITORIALoCOUNCIL oDIST.oKOKRAJHAR oASSAM oPINo783370 4:CIRCLEoOFFICER oKOKRAJHARoREVENUEoCIRCLE oP.O./P.S.oANDoDIST.oKOKRAJHAR oASSAM oPINo783370 Page No.# 2/4 5:CHINU NARZARY W/O SRI RISHAB GANDHAR NARZARY D/O LATE BUDHESWAR BRAHMA R/O WARD NO. 3 BHORO BATAMARI KOKRAJHAR TOWN P.O./P.S. AND DIST. KOKRAJHAR ASSAM. PRESENTLY RESIDING AT BOLPUR SHYAMBATI SHANTINIKETAN RATANPALI DIST. BIRBHUM KOLKATA WEST BENGAL. 6:DHARMASINGH BRAHAM S/O LATE BUDHESWAR BRAHAMA R/O WARD NO. 3 BORO BATAMARI KOKRAJHAR TOWN P.O./P.S. AND DIST. KOKRAJHAR ASSAM PIN 78337 Advocate for the Petitioner : MR. I A TALUKDAR Advocate for the Respondent : SC, REVENUE BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA