Imran Hussain Choudhury v. The State of Assam and 9 Ors

ORDER

08.01.2024

Heard Mr. R. Mazumdar, learned counsel for the petitioner and Mr. I. Borthakur, learned Standing Counsel, Environment & Forest Department for the respondent nos. 1 – 6.

¶2The petitioner has projected that one Late Abdul Aziz was his predecessor and his grandfather. Late Abdul Aziz had two sons, Late Asadur Zaman and Late Rashid Ali. According to the petitioner, Late Abdul Aziz was allotted a total 31 Bighas of land at Old Khoirabad Forest Village [F.V.] and New Khoirabad Forest Village [F.V.] by the respondent authorities and the successors-in-interest of Late Abdul Aziz, Late Asadur Zaman and Late Rashid Ali are in occupation of the said 31 Bighas of land till date. From the case projected in this writ petition, it transpires that the dispute is with regard to respective occupations of the family members of the two predecessors, Late Asadur Zaman and Late Rashid Ali.

2.1. On representations being made from the petitioner's side, an enquiry was directed by the respondent no. 3 through the respondent no. 4 on 22.10.2019. After enquiry, the respondent no. 3 had submitted a report on 24.03.2021 reporting inter alia to the effect that the petitioner's side has been enjoying occupation in respect of two plots of land measuring [i] 8 Bighas 12 Kathas 0 Chattak; and [ii] 5 Bighas 0 Kathas 0 Chattak, and the lineal descendants of Late Rashid Ali have Page No.# 4/5 been enjoying occupation of a plot of land measuring 17 Bighas 10 Kathas 0 Chattak. The report has further indicated that the petitioner's side had forcefully encroached upon an area of land measuring about 3/4 Bighas under Dag no. 30 at Old Khoirabad Forest Village [F.V.]. The petitioner's side has controverted the said finding made in the enquiry report dated 24.03.2021 by contending that the said area of land measuring 3/4 Bighas, covered by Dag no. 30, at Old Khoirabad Forest Village [F.V.] was handed over to the petitioner's side by the lineal descendants of Late Rashid Ali, that is, the respondent nos. 8, 9 & 10, impleaded in the present writ petition, as per family settlement.

2.2. The enquiry report dated 24.03.2021 was followed by an order dated 27.09.2023 of the respondent no. 4 whereby the respondent no. 5 and the respondent no. 6 were asked to carry out eviction in respect of the disputed area of land covered by Dag no. 30 at Old Khoirabad Forest Village [F.V.]. It is stated that aggrieved by the issuance of the order dated 27.09.2023 whereby the petitioner's side had been sought to be evicted from the area of land covered by Dag no. 30, the petitioner's side had preferred a representation before the respondent no. 3 on 17.11.2023 claiming that they were in bonafide occupation of the said disputed area of land covered by Dag no. 30 at Old Khoirabad Forest Village [F.V.]

¶3Though Mr. Mazumdar, learned counsel for the petitioner has submitted that the petitioner's is in occupation of the said disputed area of land, Mr. Borthakur, learned Standing Counsel representing the respondent Environment & Forest Department authorities has controverted the said submission. Since the matter of possession of the area of land measuring 3 Bighas, covered by Dag no. 30 at Old Khoirabad Forest Village [F.V.] is a disputed one, it is not necessary and proper for this Court to embark upon a fact finding exercise on the said aspect. Since the petitioner's side has already submitted a representation before the respondent no. 3 on

17.11.2023 which is stated to be pending, this Court is of the view that the respondent no. 3 can consider the said representation regarding the claim of the petitioner's side in respect of the area of land measuring 3 Bighas, covered by Dag no. 30, at Old Khoirabad Forest Village [F.V.] by taking into account the relevant records as well as the possession of the respective sides, after hearing all the stakeholders. While undertaking such exercise, the respondent no. 3 shall ensure that opportunities of hearing are afforded to all the stakeholders including the side of the lineal descendants of Late Rashid Ali, that is, the respondent nos. 8 to 10 impleaded in this writ Page No.# 5/5 petition. It is accordingly ordered. In view of the nature of direction with which this writ petition has been disposed of at the motion stage, no notice has been issued to the respondent nos. 8 to

¶10It is expected that the respondent no. 3 will complete the entire exercise within a period of 6 [six] weeks from the date of submission of a certified copy of this order by the petitioner at the office of the respondent no. 3, with due intimation about the outcome to the two sides.

¶4This order disposes of the writ petition. No cost. JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010282002023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/7324/2023o IMRANoHUSSAINoCHOUDHURYo S/O-oLATEoASADDARoJAMAL,o R/O-oVILLAGEoJIRIGHAToLALPANI,o P.O.-oJIRIGHAT,oP.S.-oJIRIGHAT,o DISTRICT-oCACHAR,oASSAM. VERSUSo THEoSTATEoOFoASSAMoANDo9oORSo THROUGH-o THEoPRINCIPALoSECRETARY,o TOoTHEoGOVERNMENToOFoASSAM,o FORESToANDoENVIRONMENToDEPARTMENT,o DISPUR,oGUWAHATI-o781006. 2:THEoPRINCIPALoCHIEFoCONSERVATORoOFoFORESTS oASSAM oREHABARI oGUWAHATI-o781008. 3:THEoDIVISIONALoFORESToOFFICER oCACHARoDIVISION oSILCHAR oDISTRICT-oCACHAR oASSAM. 4:THEoRANGEoFORESToOFFICER oJIRIGHAToFORESToRANGE oLAKHIPUR oDISTRICT-oCACHAR oASSAM. PageoNo.#o2/5 5:THEoDEPUTYoRANGER oJIRIGHAToFORESToRANGE oLAKHIPUR oDISTRICT-CACHAR oASSAM. 6:BEAToFORESToOFFICER oJIRIGHAToFORESToRANGE oLAKHIPUR oDISTRICT-oCACHAR oASSAM. 7:THEoGAONoBURAH/oGAONoPRADHAN oKHOIRABADoFORESToRANGE o VILLAGE-oJIRIGHAToLALPANI o P.O.-oJIRIGHAT oP.S.-oJIRIGHAT o DISTRICT-oCACHAR oASSAM. 8:IMABUMBIoBIBI oW/O-oLATEoKAMALoUDDIN o R/O.-oVILLAGE-oJIRIGHAToLALPANI o P.O.-oJIRIGHAT oP.S.-oJIRIGHAT o DISTRICT-oCACHAR oASSAM. 9:SANATHOIoBIBI oD/O-oLATEoKAMALoUDDIN o R/O.-oVILLAGE-oJIRIGHAToLALPANI o P.O.-oJIRIGHAT oP.S.-oJIRIGHAT o DISTRICT-oCACHAR oASSAM. 10:MATHOIoBIBI oD/O-oLATEoKAMALoUDDIN o Page No.# 3/5 R/O.- VILLAGE- JIRIGHAT LALPANI P.O.- JIRIGHAT P.S.- JIRIGHAT DISTRICT- CACHAR ASSAM Advocate for the Petitioner : MR. R MAJUMDAR Advocate for the Respondent : SC, FOREST BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY