Faizul Hoque v. The State of Assam and 8 Ors

ORDER Date : 24-01-2024 Heard Mr. R. Sharma, learned senior counsel assisted by Mr. E. Ahmed, learned counsel appearing for the petitioner. Also heard Mr. U. Sarma, learned counsel appearing on behalf of Mr. S. Dutta, learned counsel appearing for respondent Nos. 1,2,3,5 & 7 and Mr. K. Gogoi, learned State Counsel appearing for respondent No. 6. Steps were taken upon respondent Nos. 8 & 9 by dasti service. The petitioner had filed additional affidavit regarding dasti service upon respondent Nos. 8 & 9 stating that dasti service upon the respondent Nos. 8 & 9 has been served upon the said respondents and as such, the service upon them is treated to be completed. As per the facts projected, the petitioner has been settled with the Leteri Beel under the Batadraba Anchalik Panchayat, Nagaon for the year 2023-24. However, the respondent authority has failed to demarcate the boundary of the Leteri Beel because of which the petitioner is unable to operate the Beel. Not only that the leasee of the adjacent Beel is also encroaching upon the boundary of the beel Page No.# 3/3 settled in favour of the petitioner, as a result of which the petitioner is suffering huge loss. By filing this writ petition, the only and limited prayer of the petitioner is to let the respondent authorities finalise and demarcate the boundaries of the Leteri Beel which is settled in favour of the petitioner for proper operation of the Beel. The learned counsel for the respondents submits that as the grievance of the petitioner is only with regard to the finalisation and demarcation of the boundary, the matter may be disposed of with a direction to the respondent authorities to finalise and demarcate the Leteri Beel settled in favour of the petitioner by stipulating a time for doing so. In view of the above, submission made by the learned counsel for the parties, and as agreed upon by the parties at bar, this writ petition is disposed of with a direction to the respondent authorities, more particularly, the respondent Nos. 4 to 9 to finalise and demarcate the boundaries of the Leteri Beel which has been settled in favour of the petitioner within a period of 4 (four) weeks from the date of receipt of the certified copy of this order. With the above, this writ petition stands disposed of. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010285402023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/7368/2023o FAIZULoHOQUEo S/OoNABIoHUSSAIN,oVILL-MAGURMARI,oP.O.-KANDHULIMARI,oP.S.-DHING, DIST-NAGAON,oASSAM,oPIN-782123 VERSUSo THEoSTATEoOFoASSAMoANDo8oORSo REPRESENTEDoBYoITSoSECRETARYoTOoTHEoGOVToOFoASSAM,oPANCHAYAT ANDoRURALoDEVELOPMENToDEPARTMENT,oDISPUR,oGUWAHATI-781006 2:THEoCOMMISSIONER oPANCHAYAToANDoRURALoDEVELOPMENToASSAM oPANJABARI oGUWAHATI-781037 3:DIRECTORoOFoPANCHAYAToANDoRURALoDEVELOPMENT oGUWAHATI oASSAM 4:THEoDEPUTYoCOMMISSIONER oNAGAON oP.O.-NAGAON oDIST-NAGAON oASSAM 5:THEoCHIEFoEXECUTIVEoOFFICER oNAGAONoZILLAoPARISHAD oNAGAON oASSAM 6:THEoCIRCLEoOFFICER oBATADRAVAoREVENUEoCIRCLE Page No.# 2/3 BATADRABA NAGAON ASSAM 7:THE BLOCK DEVELOPMENT OFFICER BATADRABA DEVELOPMENT BLOCK BATADRAVA NAGAON ASSAM 8:BATADRABA ANCHALIK PANCHAYAT BATADRABA NAGAON ASSAM REPRESENTED BY ITS PRESIDENT AND EXECUTIVE OFFICER 9:DHING MUNICIPAL BOARD P.O. AND P.S.-DHING DIST-NAGAON ASSAM REPRESENTED BY ITS EXECUTIVE OFFICE Advocate for the Petitioner : MR. R SHARMA Advocate for the Respondent : SC, P AND R.D. BEFORE HONOURABLE MR. JUSTICE BUDI HABUNG