Bisweswar Kalita and 3 Ors v. The State of Assam and 10 Ors

ORDER

06.03.2024

¶1Heard Mr. S. Borthakur, learned counsel for the petitioner. Also heard Mr. S. Baruah, learned Government Advocate for the State of Assam representing the respondent Nos. 2 and 3 and Mr. A. K. Sharma, learned counsel for the Page No.# 3/4 respondent Nos. 4 to 11.

¶2The petitioners claim to be the owners and recorded pattadars of plots of agricultural land covered by Dag Nos. 250, 312, 321/556, 339/554, 521, 249 of K.P. Patta Nos. 86, 115, 161, 57 and 34 situated in Revenue Village-Bogibari Pather under the Mouza-Sonapur, Kamrup (M).

¶3It is the case of the petitioners that without there being any demarcation, the petitioners are sought to be evicted from their plots of land for construction of a road. It is the further case of the petitioners that the same has been done at the behest of private respondents and between them, a title suit is pending. It is also the further case of the petitioners that they will have no objection if their lands are acquired for the purpose of construction of a road, however, that should be by adherence of due procedure of law.

¶4Mr. S. Baruah, learned Government Advocate for the respondent State has produced the instruction which he has received from the concerned authority. The version of the State respondents as discernible from the documents and records produced is that a road was to be constructed by the State and the petitioners have encroached some area of land. However, the petitioners have agreed to give the encroached area of land on their own volition for construction of the road, however, when they did not do it, a notice was issued for their eviction.

¶5Thus, it is clear from the record that the petitioners claim that their lands are sought to be taken away and it is the claim of the State that the petitioners had encroached the government land. From the record, it is seen that prior to such proposed eviction, the petitioners themselves filed an application before the Circle Officer, seeking demarcation of the land.

¶6In the totality of the matter and as agreed to by the learned counsel for the parties, this writ petition is disposed of with the following directions:- Page No.# 4/4 I. The Circle Officer, Sonapur Revenue Circle, shall demarcate the land in respect of the claim made by the petitioners by following due process and in presence of the petitioners and the private respondent Nos. 4 to 11. II. It is agreed by the parties that they will be able to remain present in the land in question on 20.03.2024 and accordingly, the Circle Officer shall demarcate the land for the purpose of construction of the road. III. If it is found that the road is proposed to be constructed over the private land of the petitioners, the State shall be at liberty to acquire such land by following due process of law. IV. Interim order passed earlier shall continue till such demarcation.

¶7In view of the aforesaid, this writ petition stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010256522023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/6619/2023o BISWESWARoKALITAoANDo3oORS.o S/OoLT.oCHENIoRAMoKALITAo@oCHEPTAoR/OoVIL.oBOGIBARIoP.O.oHAHARAo P.SoKHETRIoDISToKAMRUPoMoASSAM 2:oDHARANIDHARoDAS oS/OoLT.oMONIoRAMoDASoR/OoVIL.oBOGIBARIoP.O.oHAHARAoP.SoKHETRIoDIST KAMRUPoMoASSAM 3:oKHAGENoDAS oS/OoLToRAJAToDASoR/OoVIL.oBOGIBARIoP.O.oHAHARAoP.SoKHETRIoDISTo KAMRUPoMoASSAM 4:oGURUPRASADoTALUKDAAR oS/OoLToHARENoTALUKDARoR/OoVIL.oBOGIBARIoP.O.oHAHARAoP.SoKHETRIo DISToKAMRUPoMoASSAo VERSUSo THEoSTATEoOFoASSAMoANDo10oORSo REPoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVToOoFoASSAMo REVENUEoANDoDISASTERoMANAGEMENToDEPTToASSAMoSACHIVALAYAo DISPURoGUWAHATIo781006 2:THEoDISTRICToCOMMISSIONER oKAMRUPoM oASSAM 3:THEoCIRCLEoOFFICER oSONAPURoREVENUEoCIRCLEoDIST.oKAMRUPoMoASSAM 4:KALANGoKAPILI oAoNONoGOVERNMENToORGANIZATIONoHAVINGoITSoREGISTEREDoOFFICEo AToVILLoBOGIBARIoP.O.oHAHARAoPS.KHETRIoDIST.oKAMRUPoMoASSAMoPINo 782402oREPoBYoITSoSECRETARYoJYOTISHoTALUKDAR Page No.# 2/4 5:JYOTISH TALUKDAR S/O BHOGESWAR TALUKDAR R/O VIL. BOGIBARI P.O. HAHARA P.S KHETRI DIST KAMRUP M ASSAM 6:BINAY DAS S/O LT DHAIRJYA RAM DAS R/O VIL. BOGIBARI P.O. HAHARA P.S KHETRI DIST KAMRUP M ASSAM 7:KANAK PATHAK S/O LT. BINOD PATHAK R/O VIL. BOGIBARI P.O. HAHARA P.S KHETRI DIST KAMRUP M ASSAM 8:AMULYA DEKA S/O SUREN DEKA R/O VIL. BOGIBARI P.O. HAHARA P.S KHETRI DIST KAMRUP M ASSAM 9:UMESH DAS S/O LT NARAYAN DAS R/O VIL. BOGIBARI P.O. HAHARA P.S KHETRI DIST KAMRUP M ASSAM 10:RATAN JAISHI S/O LT. DADHI JAISHI R/O VIL. BOGIBARI P.O. HAHARA P.S KHETRI DIST KAMRUP M ASSAM 11:PRABHAT TALUKDAR S/O LT. HARKUMAR TALUKDAR R/O VIL. BOGIBARI P.O. HAHARA P.S KHETRI DIST KAMRUP M ASSA Advocate for the Petitioner : MR. U K DEKA Advocate for the Respondent : GA, ASSAM BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY