Gauhati High Court
Page No.# 1/5 vs The State Of Assam And 3 Ors on 28 February, 2022
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GAHC010049362020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1530/2020
NOZMUL HOQUE AND 2 ORS.
S/O- LT. ABDUL HASIM, R/O- VILL. KHILORBOND, P.O. LILACHILAI, P.S.
RATABARI, DIST.- KARIMGANJ, ASSAM.
2: SUNAHAR ALI
S/O- LT. NIMAR ALI
R/O- VILL. KHILORBOND
P.O. LILACHILAI
P.S. RATABARI
DIST.- KARIMGANJ
ASSAM.
3: ABDUL MATIN
S/O- LT. SUBID ALI
R/O- VILL. KHILORBOND
P.O. LILACHILAI
P.S. RATABARI
DIST.- KARIMGANJ
ASSAM
VERSUS
THE STATE OF ASSAM AND 3 ORS.
REP. BY THE CHIEF SECY. TO THE GOVT. OF ASSAM, DISPUR, GHY.-06.
2:THE COMM. AND SECY. TO THE GOVT. OF ASSAM
REVENUE DEPTT.
ASSAM
DISPUR
GHY.-06.
3:THE DY. COMMISSIONER
KARIMGANJ
DIST. KARIMGANJ
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ASSAM.
4:THE CIRCLE OFFICER
RAMKRISHNA NAGAR REVENUE CIRCLE
RAMKRISHNA NAGAR
DIST.- KARIMGANJ
ASSAM
Advocate for the Petitioner : MR N DUTTA
Advocate for the Respondent : GA, ASSAM
BEFORE
HONOURABLE MR. JUSTICE SOUMITRA SAIKIA
ORDER
28.02.2022
Heard Mr. A.B.T. Haque, learned counsel for the petitioners. Also heard Mr. R.
Borpujari, learned Standing Counsel, for the respondent No. 2 and Ms. S. Sharma,
learned counsel for the respondent Nos. 1, 3 & 4.
2. This writ petition has been filed by the petitioners seeking orders from this
Court apprehending unauthorized eviction of the petitioners from their land and
homestead. The forefathers of the writ petitioners have filed title suit being T.S.
No. 351/1975 which was partly decreed in their favour vide Judgment dated
24.04.1979 by the Court of Munsiff, Karimganj. By the said Judgment, the prayer
for declaration of right, title and interest in the scheduled land and to continue
their possession over the said land, was granted by the Court. However, other
prayers made in the title suit, were not granted. The present petitioners along
with other villagers subsequently filed another suit being T.S. No. 272/2017 before
the Court of Munsiff, Karimganj for declaration of right, title and interest of their
possession over the suit land as well as for mutation of their names in the
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respective suit land by necessary correction in the Map and revenue records. By
way of Misc. Case No. 412/2017 filed in the said title suit, parties were directed to
maintain absolute status-quo over the suit land till disposal of connected title suit
in Title Suit No. 272/2017. The learned counsel for the petitioners submits that the
Title Suit No. 272/2017 is presently pending disposal.
3. Apprehending eviction from the said suit land, the petitioners filed a
representation before the Deputy Commissioner, Karimganj. By the said
representation, the petitioners urged Deputy Commissioner, Karimganj to take
appropriate steps in preventing the threatened unauthorized eviction sought to be
initiated through the Circle Officer, Ramkrishna Nagar Revenue Circle in collusion
with Chargola Tea Estate for eviction of the petitioners and other villagers of
Khilorbond village under Ratabari Police Station of Karimganj District. Similar
representation was also submitted before the Commissioner and Secretary,
Government of Assam, Revenue Department.
4. The learned counsel for the petitioners submits that inspite of several
requests made before the concerned authorities, the said representations have not
been disposed of yet and since no action was initiated from the Revenue
Authorities, the petitioners are compelled to approach this Court seeking
appropriate relief against the threatened unauthorized eviction sought to be
undertaken against the petitioners and other similarly situated villagers.
5. The learned counsels for the parties have been heard. It is seen that the
Court of Munsiff, Karimganj vide the Judgment dated 24.04.1979 had already
partially decreed the Title Suit No. 351/1975 stated to be filed by the forefathers of
the petitioners. It is also submitted at the bar that the second Title Suit filed by the
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petitioners and other villagers being Title Suit No. 272/2017 is also presently
pending disposal of the Court of Munsiff No. 1, Karimganj. The Status Quo order
has also been passed in Misc. Case No. 412/2017 by the Court of Munsiff,
Karimganj directing both parties to maintain absolute status Quo. It is submitted
that the suit land in the title suit No. 351/1975 and Title Suit No. 272/2017 are the
plots of land from which the petitioners are threatened to be unauthorisedly
evicted
6. Considering the submissions made by the learned counsels for the parties
and having perused the pleadings on record, this Court is of the view that interest
of justice will be served if the respondents authorities more particularly the Deputy
Commissioner, Karimganj and Commissioner and Secretary, Government of Assam,
Revenue Department take immediate steps to dispose of the representations stated
to have been filed by the petitioners before the concerned authorities. If in the
meantime, the authorities have already passed the orders in these representations
then the copies of the same be furnished to the writ petitioners. However, if the
representations are still pending, the petitioners will be given an opportunity of
being heard and the representations thereafter be expeditiously disposed of and
copies of the orders passed thereon be furnished to the petitioners. The entire
exercise is directed to be completed within a period of sixty (60) days from the
date of receipt of the certified copy of the order passed by this Court in the present
writ petition.
7. Liberty is also granted to the petitioners to furnish the certified copy of the
writ petition along with the annexures before the authorities to facilitate disposal of
the representations stated to be pending before the concerned authorities.
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8. With the above directions, the writ petition stands disposed of.
JUDGE
Comparing Assistant
