Hazrot Ali vs The State Of Assam And 11 Ors
2021 Latest Caselaw 2267 Gua

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GAHC010136092021




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

                           Case No. : WP(C)/4512/2021

         HAZROT ALI
         S/O LATE BILAT SK
         VILLAGE SAUPATA PT III
         PO SUAPATA , PS BILASIPARA, DIST DHUBRI, ASSAM 783348



         VERSUS

         THE STATE OF ASSAM AND 11 ORS.
         REPRESENTED BY THE CHIEF SECRETARY GOVT. OF ASSAM,
         DISPUR, GUWAHATI 06

         2:THE COMMISSIONER AND SECRETARY
         TO THE GOVT. OF ASSAM
          PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT
          DISPUR GHY 06

         3:THE PRINCIPAL SECRETARY
         TO THE GOVT. OF ASSAM
          PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT
          DISPUR GUWAHATI 06

         4:THE DEPUTY COMMISSIONER

          DHUBRI
          ASSAM 783301

         5:THE SUB DIVISIONAL OFFICER (CIVIL)
          BILASIPARA
          DHUBRI
         ASSAM 783301

         6:THE CIRCLE OFFICER
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BILASIPARA REVENUE CIRCLE
BILASIPARA
PO AND PS BILASIPARA
DHUBRI
ASSAM 783301

7:THE DHUBRI ZILLA PARISHAD
 REPRESENTED BY CHIEF EXECUTIVE OFFICER
 DHUBRI ZILLA PARISHAD
ASSAM
 783301

8:THE PRESIDENT

DHUBRI ZILLA PARISHAD
DHUBRI
ASSAM 783301

9:THE NAYERALGA ANCHALIK PANCHAYAT

REPRESENTED BY ITS PRESIDENT
NAYERALGA ANCHALIK PANCHAYAT
BILASIPARA
DIST DHUBRI
ASSAM 783348

10:THE EX OFFICIO EXECUTIVE OFFICER

NAYERALGA ANCHALIK PANCHAYAT
BILASIPARA CUM BLOCK DEVELOPMENT BLOCK
BILASIPARA
DIST DHUBRI
ASSAM 783348

11:THE SECRETARY
 KAZAIKATA SUAPATA GAON PANCHAYAT
 PO KAZAIKATA
 PS BILASIPARA
 DIST DHUBRI
ASSAM 783348

12:THE PRESIDENT

KAZAIKATA SUAPATA GAON PANCHAYAT
PO KAZAIKATA
PS BILASIPARA
DIST DHUBRI
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               ASSAM 783348

              13:MOHAMMAD ALI
               S/O BILAT ALI
              SUAPATA
               PS BILASIPARA
               DIST DHUBRI
              ASSAM 78334

Advocate for the Petitioner     : MR. M U MONDAL

Advocate for the Respondent : GA, ASSAM

BEFORE HON'BLE MR. JUSTICE MANASH RANJAN PATHAK

21-09-2021

Heard Mr. M. U. Mondal, learned counsel for the petitioner and Mr. C. S. Hazarika, learned Government Advocate, Assam for the respondent Nos. 1, 4, 5 & 6. Also heard Mr. M. Nath, learned Standing counsel, Panchayat and Rural Development Department for the respondent Nos. 2, 3, 7, 10 & 11.

Petitioner is the absolute owner of the land measuring 3 Bighas, 3 Kathas-12 Lechas under Dag No. 297, K.P. Patta No. 194 at village Suapata Part-III under Bilasipara Revenue Circle, district-Dhubri. The Katakhali Ghat of said Village Suapata Part-III is over his private land. The authorities of 110 No. Kazaikata Suapata Gaon Panchayat by the impugned order under Memo No. KSGP-03/2018-19/36-A dated 30.06.2021 settled the said Katakhali Ghat over the private land of the petitioner with the respondent No. 13 as per the provisions of Section 107 of the Panchayat Act, 1994.

Being aggrieved with such action of the authorities of 110 No. Kazaikata Suapata Gaon Panchayat, petitioner has preferred this writ petition stating that the Division Bench of this Court by an order dated 30.09.2009 passed in the case of Rupam Talukdar Vs. State of Assam and other reported in 2009 (4) GLT 126 have already declared the provisions of Section 107 of the said Panchayat Act, 1994 as unconstitutional and ultra-vires and the said provisions are no longer in force since the date of passing the judgment in the said case of Rupam Talukder (supra).

Issue notice, returnable by 22.11.2021.

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As Mr. Hazarika, learned Government Advocate, Assam and Mr. Nath, learned Standing counsel, Panchayat and Rural Development Department, have accepted the notices on behalf of the respondent Nos. 1, 4, 5 & 6 and 2, 3, 7, 10 & 11 respectively, no formal notice need to be issued to those respondents.

Petitioner shall serve requisite extra copies of this writ petition including the annexures appended thereto to Mr. Hazarika, learned Government Advocate, Assam and Mr. Nath, learned Standing counsel, Panchayat and Rural Development Department, by tomorrow (i.e, on 21.09.2021), obtaining necessary acknowledgment from them in that regard.

Petitioner shall take steps for service of notice on the respondent Nos. 8, 9, 12 & 13 by registered post with A/D by tomorrow (i.e., on 22.09.2021), providing their correct and proper addresses with requisite postal stamps.

Until further order of the Court, the impugned settlement order dated 30.06.2021 in settling said Katakhali Ghat with the respondent No. 13 (Annexure-3 to this petition) over the private land of the petitioner, shall remain suspended.

JUDGE

Comparing Assistant