Md. Kadam Ali vs The Sub Divisional Officer C And ...
2021 Latest Caselaw 3460 Gua

                                                                       Page No.# 1/2

GAHC010007822010




                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                 Case No. : WP(C)/5782/2010

            MD. KADAM ALI
            S/O LT. NASIT ULLA, VILL. JOMDUAR PT.II, CIRCLE AND PS. CHAPAR,
            DIST. DHUBRI, ASSAM.

            VERSUS

            THE SUB DIVISIONAL OFFICER C and ORS
            BILASIPRA, PO. BILASIPARA, DIST. DHUBRI, ASSAM.

            2:THE CIRCLE OFFICER, CHAPAR REVENUE CIRCLE
             PO. CHAPAR, DIST. DHUBRI, ASSAM

            3:THE OFFICER INCHARGE OF CHAPAR P.S.
             PO. CHAPAR, DIST. DHUBRI, ASSA

Advocate for the Petitioner   : MR. M A SHEIKH

Advocate for the Respondent : GA, ASSAM




                                  BEFORE
                 HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

                                          ORDER

Date : 14-12-2021

None appears for the petitioner on call. Also none appeared for the petitioner on 9.12.201 when the matter was called for.

In this writ petition the judgment and order dated 15.7.2010 passed by Page No.# 2/2

Assam Board of Revenue, in case No. 97 RA (DBR)/2008 has been assailed. The learned Assam Board of Revenue upon verification of the record arrived at a conclusion that the land which the petitioner was occupying was a Government khas land and was allotted to the Assam Tourism Department by Land Advisory Board. It is also recorded that the appellant was not found to be a landless person as he had been given 3/4 bighas of land by his father.

In view of the above finding the learned Board of Revenue was of the view that no interference was required against the notice of eviction issued against the petitioner in encroachment Case No. 4(C)/2008-09.

There are instruction available on record given by Asstt. Settlement Office, Sapar Revenue Circle to the Junior Govt. Advocate, that the land in question is recorded as Govt. khas land. The said land was allotted in favour of Tourism Department on 29.1.2001. But as the said land was not possessed by the Tourism Department, the same was re-allotted in favour of the Chirakuta Gaon Panchayat office on 2.8.2011. Presently the said land is being possessed by Chirakuta Gaon Panchayat office.

Be that as it may, as the petitioner has consecutively defaulted in appearing before the Court in the aforesaid two dates, this writ petition is dismissed for non prosecution.

JUDGE

Comparing Assistant