Alauddin Ali v. The State of Assam and 2 Ors

ORDER Date : 25.09.2024

The case of the Petitioner herein is that the Petitioner herein is in possession of a plot of land admeasuring 1 Katha covered by Dag No.1132 of Natun Sarania under Ulubari Mouza in the Sahar Sarania Part-II under Guwahati Revenue Circle by constructing an Assam type house on the said plot of land since 1990.

¶2It is also the further case of the Petitioner that the Petitioner had also applied for settlement of the said land on 18.03.2023. However, thereupon no information had been provided by the Respondent Authorities as regards the application for settlement. On the other hand, the Petitioner had been issued notice on 11.09.2024 which the Petitioner had received only on 18.09.2024 that the Petitioner is required to vacate the said land by 27.09.2024. It is the specific case of the Petitioner that the Petitioner cannot be evicted by way of summary procedure on the ground that the Petitioner is an indigenous person and is entitled to settlement as per the Land Policy, 1989 as well as also in terms with Land Policy, 2019. Under such circumstances, the learned counsel for the Petitioner submitted that the Petitioner has a bona fide claim of right involved for which the summary eviction which has been resorted to by the Respondent Authorities is not permissible.

¶3This Court having taken into account the above aspects is of the opinion that as to whether the Petitioner can be proceeded with Page No.# 3/3 summarily or not can be very well decided by the Revenue Authorities if an opportunity is given to the Petitioner to submit a representation so that the Petitioner could provide the necessary materials before the Respondent Authorities showing that the Petitioner has a bona fide claim of right involved.

¶4Accordingly, this Court therefore disposes of the instant writ petition thereby granting the liberty to the Petitioner to submit a representation within 10 days from the date of the instant order before the Circle Officer, Guwahati Revenue Circle thereby placing the Petitioner's case and further showing that the Petitioner has a bona fide claim of right involved.

¶5This Court further directs that in the circumstance the Petitioner submits such representation within the time as provided hereinabove, the Circle Officer, Guwahati Revenue Circle shall consider the said representation and thereupon pass appropriate orders.

¶6It is further provided that till such orders are being passed, no coercive action be taken against the Petitioner on the basis of the impugned notice dated 11.09.2024.

¶7With above observations and directions, the instant writ petition stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010200672024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/4995/2024o ALAUDDINoALIo S/O-oJAYNALoALI,o R/O-oGANDHIoBASTI,oNATUNoSARANIAoNEARoRAILWAYoLINE,oMOUZA-o ULUBARI,o P.S-oCHANDMARI,oDIST-oKAMRUPo(M),oASSAM,oPIN-781003 VERSUSo THEoSTATEoOFoASSAMoANDo2oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEo GOVERNMENToOFoASSAM,oREVENUEoANDoDISASTERoMANAGEMENTo DEPARTMENT,oDISPUR,oGUWAHATI-o06. 2:THEoDISTRICToCOMMISSIONER oKAMRUPoMETROPOLITANoDISTRICTo oHENGRABARI oGUWAHATI-36 oASSAM 3:THEoCIRCLEoOFFICER oGUWAHATIoREVENUEoCIRCLE oGUWAHATI-24 oASSAo For;the;Petitioner(s);;;;;;;;;;;;;;;;;:;Mr.;M.;K.;Sharma,;Advocate oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo oooooooooo For;the;Respondent(s);;;;;;;;;;;;;;:;Ms.;G.;Hazarika,;Government;Advocate oooooooooooooooooooooooooooooooooooooooooooooooooooooooooo :;Mr.;S.;Baruah,;Standing;Counsel Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH