Khus Mamud and 10 Ors v. The State of Assam and 6 Ors

ORDER Date : 23.06.2023

Heard Mr. S. Islam, learned counsel for the petitioners. Also heard Mr. S. Baruah, learned Government Advocate, appearing on behalf of the official respondents.

This writ petition has been filed by the petitioners, seeking a direction to the respondent authorities to allot a plot of land measuring 6 bighas 1 katha and 9 lessas located at village No. 3 Golandikash, under Dalgaon Revenue Circle, Darrang, covered by Dag No. 44, to them, considering their long possession and also they being the landless persons. The petitioners have further prayed to declare illegal, null and void, the Show Cause Notices issued to them by the respondent No. 6 asking them to vacate from the land, in question.

Insofar as the first prayer of the petitioners in this writ petition is concerned; if they are entitled to be allotted the land mentioned hereinabove, they may approach the competent authority for allotment of the aforesaid land.

Insofar as the second prayer of the petitioners in the instant writ petition is concerned; Mr. A. U. Ahmed, learned counsel, representing the respondent No. 6; has produced a copy of the letter, dated 08.12.2022, written to the Senior Standing counsel, Secondary Education Department, Gauhati High Court, by Mrs. Monika Borgohain, ACS, in-charge, Inspector of Schools, DDC, Mangaldai, vide Memo. No. WP(c)7469/2022/9678; in connection with the instant writ petition, whereby, it has been recorded that the land mentioned by the petitioners herein, belongs to Kuaripukhuri High School. Page No.# 6/6 Accordingly, the second prayer made by the petitioners in this petition, appears to be a civil dispute between the parties.

In view of the above; this writ petition is hereby disposed of with liberty granted to the petitioners to approach the competent authority for allotment of land under their occupation and also to approach the appropriate forum for resolving the land dispute between them and the respondents No. 6 & 7, if so advised.

The copy of the letter, dated 08.12.2022, written to the Senior Standing counsel, Secondary Education Department, Gauhati High Court, by Mrs. Monika Borgohain, ACS, in-charge, Inspector of Schools, DDC, Mangaldai, vide Memo. No. WP(c)7469/2022/9678; shall be retained on record and marked as 'X' for identification.

JUDGE Comparing Assistant

PageoNo.#o1/6 GAHC010233652022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/7469/2022o KHUSoMAMUDoANDo10oORSo S/OoHASEMoALI,oR/OoNO.o3,oGOLANDIKASH,oP.O.-GOLANDI,oP.S.- KHARUPETIA,oCIRCLE-oDOLGAON,oDIST-oDARRANG,oASSAM,oPIN-784116 2:oSAHAJAMAL oS/OoLT.oSOBUoMANDAL 3:oABDULoQASIM oS/OoLT.oAGORoALI 4:oHASENoALI oS/OoLT.oFAKARUDDIN PageoNo.#o2/6 5:oJAINALoABDIN oS/OoLT.oHAZORoSHEIKH 6:oABDULoJALIL oS/OoLT.oSADEKoALI 7:oABDUSoSAMAD oS/OoLT.oKASHEMoALI 8:oAKBARoALI oS/OoLT.oSADEKoALI 9:oSAHAMAToALI PageoNo.#o3/6 oS/OoLT.oSUKKKURoMAHMUD 10:oBAHARULoISLAM oS/OoLT.oJAINALoABDIN 11:oBAHARULoISLAM oS/OoABDULoKADER oPIN-78411o VERSUSo THEoSTATEoOFoASSAMoANDo6oORSo REPRESENTEDoBYoTHEoSECRETARY,oGOVT.oOFoASSAM,oREVENUEo DEPARTMENT,oDISPUR,oGHY-6,oASSAM,oPIN-781006 2:THEoDEPUTYoCOMMISSIONER oDARRANG oMANGALDAI oPIN-784125 3:THEoSETTLEMENToOFFICER oDARRANG oMANGALDAI Page No.# 4/6 PIN-784125 4:THE CIRCLE OFFICER DALGAON REVENUE CIRCLE P.S.-DALGAON DIST-DARRANG ASSAM PIN-784116 5:INSPECTOR OF SCHOOLS DARRANG DISTRICT CIRCLE MANGALDAI ASSAM PIN-784125 6:THE PRINCIPAL KUARIPUKHURI HIGH SCHOOL P.O.-JANGALPARA P.S.-KHARUPETIA DIST- DARRANG ASSAM PIN-784115 (FORMERLY KNOWN AS KUARIPUKHURI SENIOR MADRASSA) 7:ABDUL HASHEM S/O ABDUL BARI NO. 3 GOLANDIKASH P.S.-KHARUPETIA DIST- DARRANG ASSAM PIN-78411 Advocate for the Petitioner : MR. M U MAHMUD Advocate for the Respondent : SC, REVENUE Page No.# 5/6 BEFORE HONOURABLE MR. JUSTICE NANI TAGIA