Nazara Ahmed vs The State Of Assam And 5 Ors. E
2021 Latest Caselaw 2973 Gua

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GAHC010051032021




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

                                  Case No. : WA/311/2021

            NAZARA AHMED
            W/O- LATE AHTASAMUDDIN AHMED, R/O- HOUSE NO. 33, S.C. BYELANE,
            ALOOGUDAM, ATHGAON, GUWAHATI-781001, P.S. BHARALUMUKH, DIST.-
            KAMRUP(M), ASSAM.


            VERSUS

            THE STATE OF ASSAM AND 5 ORS. E
            REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM,
            MUNICIPAL ADMINISTRATION DEPARTMENT, DISPUR, GUWAHATI-06.

            2:THE SECRETARY TO THE GOVT. OF ASSAM
             REVENUE DEPARTMENT
             DISPUR
             GUWAHATI-06.

            3:THE SECRETARY TO THE GOVT. OF ASSAM
             HANDLOOM AND TEXTILE DEPARTMENT
             DISPUR
             GUWAHATI-06.

            4:THE DEPUTY COMMISSIONER
             KAMRUP(METRO)
             GUWAHATI- 781001.

            5:THE GAUHATI MUNICIPAL CORPORATION
             REP. BY ITS COMMISSIONER
             GUWAHATI-781001.

            6:THE COLLECTOR
             GAUHATI MUNICIPAL CORPORATION
             GUWAHATI- 781001

Advocate for the Petitioner   : MR. N N B CHOUDHURY
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Advocate for the Respondent : GA, ASSAM

                                          BEFORE
                          HONOURABLE MR. JUSTICE N. KOTISWAR SINGH
                           HONOURABLE MRS. JUSTICE MALASRI NANDI

                                             ORDER

Date : 18.11.2021

(N. Kotiswar Singh, J.)

Heard Mr. N.N.B. Choudhury, learned counsel for the appellant. Also heard Ms. M. Bhattacharjee, learned Government Advocate, Assam.

The claim of the appellant is based on the premise that the appellant had been in occupation of the land in issue on being permitted by the GMC. Though no agreement has been executed formally for allotment of the plot which the appellant is occupying, nevertheless, the GMC has been levying revenue and collecting taxes from the appellant thus clearly indicating that the appellant is not an illegal encroacher.

Learned counsel for the appellant submits that in respect of the co-petitioner, a Division Bench of this Court had interfered with the judgment and order dated 11.10.2018 passed in WP(C) No.3090/2012, 3298/2012, 3300/2012, 4890/2012 and 5115/2018 providing, however, that such interference would be in respect of the appellants in WA No.335/2018. The present appellant, who is the wife of Md. Ahtasamuddim Ahmed (petitioner No.8 in WP(C) No.3298/2012) is seeking similar protection as the present appellant was not one of the appellants in WA No.335/2018.

Since GMC is the principal respondent, we would like to hear the counsel for the GMC in this regard.

In view of above, let the matter be listed again on 22.11.2021.

                                        JUDGE                          JUDGE

Comparing Assistant