Hahiram Das and 21 Ors v. The Deputy Commissioner and 4 Ors

ORDER

19.10.2023 Heard Mr. B. D. Das, learned senior counsel assisted by Mr. A. K. Sharma, learned counsel appearing for the writ petitioners. Also heard Mr. J. Handique, learned Govt. Advocate, Assam appearing for the respondent Nos.1 and 2 and Mr. B. Choudhury, learned Standing Counsel, PWD, Assam appearing for the respondent Nos.3 and 6. The petitioners herein are the villagers of Bogibari village of Kamrup(M) District, Assam. As per the case projected in the writ petition, sanction was received for construction of a village road from Bogibari road to Kalang Kopili FPCs office and the funds for construction of the road has also been sanctioned by the Page No.# 7/8 respondent No.6. Although the work order has been issued to the contractor, the construction work could not be undertaken due to the obstruction created by the respondent Nos.4 and 5 who have allegedly encroached upon a part of the Government land by erecting bamboo fencing and are refusing to remove the fencing despite instruction issued by the administration. Mr. Das submits that if the construction of the road is not completed without further delay, the funds available for the work will lapse thereby causing serious prejudice to the interest of the petitioners and the public at large. The learned counsel for the petitioner has also invited the attention of this Court to the notice dated 24.08.2023 issued by the Circle Officer, Sonapur Revenue Circle i.e. the respondent No.2 herein directing the private respondents to remove the encroachment but he submits that thereafter no further action has been taken in the matter till today. Aggrieved thereby, the instant writ petition has been filed. Mr. Handique, learned Govt. Advocate, Assam submits that the writ petition can be disposed of by this Court by directing the concerned authorities to take appropriate action in the matter as may be permissible under the law. The petitioners' counsel is also agreeable to such an order. In view of the above, without expressing any opinion on the merit of the case, this writ petition is being disposed of with a direction upon the respondent No.2 to take appropriate action in the matter, after giving an opportunity of being heard to the respondent Nos.4 and 5. If it is found that due to the illegal encroachment of Government road the project work has been stalled, it will be open for the respondents to proceed in the matter in accordance with law. Action as permissible in law be taken, as expeditiously as possible, but not later Page No.# 8/8 than six weeks from the date of receipt of a certified copy of this order. With the above observation, the Writ Petition stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/8 GAHC010244152023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/6318/2023o HAHIRAMoDASoANDo21oORS.o S/O-oLATEoHATARUoDAS,oR/O-oVILL.-oBOGIBARI,oP.O.oHAHARA,oP.S.o KHETRI,oDIST.oKAMRUP(M),oASSAM,oPIN-o782402. 2:oPRADIPoDAS oS/O-oLATEoHRIDALoDAS 3:oBHOGESWARoTALUKDAR oS/O-oLATEoKAMALAoKANTAoTALUKDAR 4:oHARIHARoBHARALI oS/O-oLATEoRAMESWARoBHARALI 5:oROBINoTALUKDAR oS/O-oLATEoAMATIoTALUKDAR PageoNo.#o2/8 6:oPRAHLADoTALUKDAR oS/O-oLATEoDINOBANDHUoTALUKDAR 7:oGOBINDAoTALUKDAR oS/O-oLATEoGAJENDRAoTALUKDAR 8:oBISWANATHoTALUKDAR oS/O-oLATEoDHARMESWARoTALUKDAR 9:oBHAGOWANoTHAKURIA oS/O-oLATEoSARUCHARANoTHAKURIA 10:oMANTUoTALUKDAR oS/O-oLATEoBIRENoTALUKDAR PageoNo.#o3/8 11:oMOHANoCHETRI oS/O-oLATEoKULBAHADURoCHETRI 12:oUDHABoDEKA oS/O-oLATEoNARAYANoDEKA 13:oDANDESWARoTALUKDAR oS/O-oLATEoNAURAMoTALUKDAR 14:oSHEKHARoJYOTIoTALUKDAR oS/O-oSRIoSURENoTALUKDAR 15:oJAGDISHoTALUKDAR oS/O-oLATEoNAURAMoTALUKDAR PageoNo.#o4/8 16:oGOBINoDEKA oS/O-oLATEoBHAKTIRAMoDEKA 17:oABHIJIToTALUKDAR oS/O-oSRIoPRAHLADoTALUKDAR 18:oMAHESHoDAS oS/O-oSRIoRAJENoCH.oDAS 19:oJYOTISHoTALUKDAR oS/O-oSRIoBHOGESWARoTALUKDAR 20:oBINOYoKUMARoDAS oS/O-oLATEoDHARJYARAMoDAS 21:oKANAKoPATHAK oS/O-oLATEoBINODoPATHAK PageoNo.#o5/8 22:oPRABHAToTALUKDAR oS/O-oLATEoHARKUMARoTALUKDAR oPIN-o782402o VERSUSo THEoDEPUTYoCOMMISSIONERoANDo4oORSo KAMRUPo(M),oASSAM,oHENGRABARI,oGUWAHATI 2:THEoCIRCLEoOFFICER oSONAPURoREVENUEoCIRCLEo oSONAPUR oKAMRUP(M).o PIN-782402 3:THEoCHIEFoENGINEER oPWDo(R) oAMBARI oGUWAHATIo-25 oKAMRUPo(M) 4:BISWESWARoKALITA oS/O-oLATEoCHENIRAMoKALITA o VILL-oBOGIBARI o P.O-oHAHARA o P.S-oKHETRI o DIST-oKAMRUP(M) oPIN-782402 5:KHAGENoDAS Page No.# 6/8 S/O- LATE RAJAT DAS VILL- BOGIBARI P.O- HAHARA P.S- KHETRI DIST- KAMRUP(M) ASSAM PIN-782402 6:THE STATE OF ASSAM REPRESENTED BY THE SPECIAL COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM PWRD DISPUR GHY-06 Advocate for the Petitioner : MR. A K SHARMA Advocate for the Respondent : GA, ASSAM BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM