Sonapur Newmarket Khudra Byabasai Santha and 2 Ors v. The State of Assam and 4 Ors

ORDER

03.10.2023 Heard Mr. R. P. Sarmah, learned senior counsel assisted by Mr. R. Sarma, learned counsel appearing for the writ petitioners. Also heard Ms. G. Hazarika, learned Standing Counsel, Revenue Department, Assam appearing for the respondent No.1 and Mr. N. Goswami, learned Government Advocate, Assam appearing on behalf of respondent Nos.2, 3 and 4. Mr. A. Ganguly, learned counsel is present on behalf of the respondent No.5. The writ petitioner No.1, viz., Sonapur Newmarket Khudra Byabasai Santha claims to be a registered association of petty businessmen operating their shops from the aforesaid market and the petitioner Nos.2 and 3 are the members of the petitioner No.1 association. As per the case projected in the writ petition, the petitioners are running their shops from the sheds located in the aforesaid Page No.# 3/5 market for earning their livelihood. According to the petitioners, on 18.11.2013, the Revenue authorities came to their shops and have orally threatened to evict them from the sheds under their occupation on the ground that they are occupying land falling in the Tribal belt. Apprehending eviction from their shops, the instant writ petition has been filed by the members of the association. Mr. Sarmah, learned senior counsel for the petitioners submits that in the year 1987, around 18 bighas of land was allotted in favour of the respondent No.5 i.e. the Sonapur Sports Association by issuing a patta in its name and the petitioners, numbering 38 in total, who are the members of the petitioner association are jointly occupying about 3 Katha 18 Lechas of land covered by Dag No.111 of FS Grant No.1 of village Baruabari under Panbari Mouza in the district of Kamrup(M), Assam which forms part of the 18 Bighas of land. The learned senior counsel has, therefore, argued that since the petitioners are in occupation of private patta land, they cannot be evicted from the land without serving prior notice or giving them an opportunity of being heard in the matter. It is also the submission of Mr. Sarmah that if the petitioners are forced to close down their business in this manner, then not only would the petitioners but even their family members would suffer immense injury and hardships. As such, an order be passed by this Court restraining the respondents from taking any arbitrary action for eviction of the petitioners from the land under their occupation without following the due process of law. Mr. Goswami, learned Govt. Advocate, Assam appearing for the respondent Nos.2, 3 and 4 has argued that the petitioners are encroachers upon land falling under the Tribal belt and hence, they are liable to be evicted. Mr. Ganguly, learned counsel for the respondent No.5 i.e. the Sonapur Sports Page No.# 4/5 Association, on the other hand, submits that the land in question is a private patta land belonging to his client. However, the writ petitioners are illegal encroacher upon the said land. Having heard the submissions advanced by the learned counsel for both the sides, it is apparent that the writ petitioners are in occupation of a part of private patta land which land was earlier allotted to the respondent No.5. The claim of the petitioners of having paid revenue in respect of the land has not been seriously disputed by the respondents. It is also not in dispute that the petitioners are operating their petty businesses from the sheds constructed in the market complex situated over the said land. The members of the petitioner No.1 Society have been earning their livelihood by operating their shops is also not in dispute. If that be so, this Court is left with no manner of doubt that the eviction of the petitioners from the land under their occupation must be preceded by service of proper notice since the petitioners are evidently in occupation of private patta land. Therefore, this writ petition is being disposed of by providing that in the event of any proceeding being initiated so as to evict the petitioners from the land in question, the same shall be done only in accordance with law and after serving prior notice upon the individual members of the petitioner No.1 association, giving them at least 30 days time to vacate the respective sheds. In such an eventuality, the respondent Nos.2 to 4 shall also consider the request, if any, made by the members of the petitioner association, for providing them with alternative sites for conducting their day to day businesses. Until such time the aforesaid exercises are carried out, the respondents shall not interfere with the running of the daily businesses of the members of the petitioner association. Page No.# 5/5 The writ petition stands disposed of accordingly.

JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010264962013 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/6843/2013o SONAPURoNEWMARKEToKHUDRAoBYABASAIoSANTHAoando2oORSo REP.oBYoSRIoPRITAMoDUTTA,oS/O-oSRIoGOPALoDUTTA,oR/OoVILL.-o BARUABARI,oP.O.oandoP.S.-oSONAPUR,oDIST.-oKAMRUPoM,oASSAM. 2:oNAYANoJYOTIoBARMAN oS/O-oSRIoBANESWARoBARMAN oR/OoVILL.-oMILLANPUR oP.O.oandoP.S.-oSONAPUR oDIST.o-oKAMRUPoM oASSAM. 3:oAKIBoAHMED oS/O-oLT.oCHUNAoMIYA oR/O-oSANTINAGAR oP.O.oandoP.S.-oSONAPUR oDIST.-oKAMRUPoM oASSAMo VERSUSo THEoSTATEoOFoASSAMoANDo4oORSo REP.oBYoTHEoCOMMISSIONERoANDoSECY.oTOoTHEoGOVT.oOFoASSAM,o REVENUEoDEPTT.,oDISPUR,oGHY-o6. 2:THEoDY.oCOMMISSIONER oKAMRUPoM oGUWAHATI oASSAM. 3:THEoCIRCLEoOFFICER oSONAPURoREVENUEoCIRCLE oSONAPUR oDIST.-oKAMRUPoM oASSAM. Page No.# 2/5 4:THE OFFICER-IN-CHARGE SONAPUR POLICE STATION SONAPUR DIST.- KAMRUP M ASSAM. 5:SONAPUR SPORTS ASSOCIATION REP. BY SRI DEEPAK DAS R/O VILL. and P.O.- SONAPUR DIST.- KAMRUP M ASSAM Advocate for the Petitioner : MRS.S D SAIKIA Advocate for the Respondent : MS.T ROY BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM