Gauhati High Court
Page No. 1/4 vs The State Of Assam And 8 Ors on 1 June, 2022
Page No. 1/4
GAHC010093182022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/3599/2022
SURAJIT BEZBARUAH AND 4 ORS.
S/O. LT. TAPAN BEZBARUAH,
2: RANJIT BEZBARUAH
S/O. LT. TAPAN BEZBARUAH
3: MRS RUMA RANI SARMA BARUAH
W/O. LT. MANJIT BEZBARUAH
4: SANTU BEZBARUAH
S/O. LT. TAPAN BEZBARUAH
5: ABHIJIT BEZBARUAH
S/O. LT. TAPAN BEZBARUAH
ALL ARE PERMANENT R/O. OLD CIRCUIT HOUSE ROAD
DIST. JORHAT
ASSAM
PIN-785001
VERSUS
THE STATE OF ASSAM AND 8 ORS.
REP. BY THE CHIEF SECREATAY TO THE GOVT. OF ASSAM, DISPUR,
GUWAHATI-781006.
2:THE COMMISSIONER AND SECRETARY
TO THE GOVT. OF ASSAM
EDUCATION DEPTT. (SECONDARY)
DISPUR
GUWAHATI-781006.
3:THE COMMISSIONER AND SECY.
TO THE GOVT. OF ASSAM
FINANCE DEPTT.
Page No. 2/4
DISPUR
GUWAHATI-06
DIST. KAMRUP (M)
ASSAM.
4:THE DIRECTOR OF SECONDARY EDUCATION
GOVT. OF ASSAM
KAHILIPARA
GUWAHATI-19
DIST. KAMRUP (M)
ASSAM.
5:DEPUTY COMMISSIONER
JORHAT
PIN-785101.
6:ADDL. DEPUTY COMMISSIONER (EDUCATION)
JORHAT.
7:ASSTT. COMMISSIONER CUM BRANCH OFFICER (EDUCATION)
JORHAT.
8:THE INSPECTOR OF SCHOOL
JORHAT.
9:CIRCLE OFFICER
EAST JORHAT REVENUE CIRCLE
Advocate for the Petitioner : MR. JYOTIRMOY ROY
Advocate for the Respondent : SC, SEC. EDU.
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
Date : 01.06.2022
Heard Mr. J. Roy, learned J. Roy, learned Senior Counsel assisted by Mr. R. Hazarika, learned
counsel for the petitioners; Mr. K. Goswami, learned Additional Senior Government Advocate, Assam
for the respondent nos. 1, 5, 6 & 9; Mr. B. Kaushik, learned Standing Counsel, Secondary Education
Department for the respondent nos. 2, 4, 7 & 8; and Mr. A. Chaliha, learned Standing Counsel, Finance
Department for the respondent no. 3.
Page No. 3/4
2. The petitioners have claimed that a parcel of land measuring 2 bighas 14 lessas [02B-14L],
covered by Dag nos. 385/246 and 421/345 [new] and Patta no. 122 [ko] [new], located in Jorhat Town
['the subject-plot', for short], a school by the name Jorhat Bezbaruah High School ['the School', for
short] was established in the year 1894 by the predecessors-in-interest of the petitioners. The School
building was also constructed during the time of the petitioners' predecessors-in-interest. The School
was taken over by the State on 01.02.1974 under the deficit scheme and the School building was taken
on rent for the purpose of the School. The parties had purportedly executed an agreement to that effect
and agreed for a monthly rent at ₹ 500/- for using the School building existing in the subject-plot. A
litigation in the form of a title suit, Title Suit no. 40/1997 ensued before the learned Civil Judge
[Junior], Jorhat at the instance of the predecessors-in-interest of the petitioners for eviction and
recovery of the khas possession of the School building along with other reliefs. By a judgment and
decree passed in Title Suit no. 40/1997 on 25.04.2000, the said suit came to be dismissed. The learned
trial Court had, however, observed that the plaintiffs therein i.e. the predecessors-in-interest and the
mother of the present petitioners were/was entitled to get the rents including arrear of rents on the basis
of the admission of the State defendants therein. It transpires that the School was provincialized w.e.f.
01.10.1977. Sans the other details, it transpires from an order dated 18.09.2020 passed by the
respondent no. 8 that the respondent Education Department authorities declared closure of the School
and the teaching staff of the School have been asked to attend in another School viz. Namkakila High
School. The petitioners with such closure of the School, have claimed that they are now entitled to get
back the subject-plot as well as the School building wherefrom the erstwhile School was operating. A
notification 07.02.2022 has been issued by the respondent no. 5 whereby a Committee has been
constituted to verify the documents, etc., [including land status] and other issues related to the School.
The Committee has been directed thereby to submit a detailed report within 21 [twenty-one] days from
the issuance of the notification [07.02.2022]. The petitioners have averred that their names are still
reflected in the revenue records in respect of the subject-plot and as such, they have subsisting claim in
respect of the subject-plot and the School building which their predecessors-in-interest had constructed
and which has become dilapidated. The petitioners have apprehended that the State respondents are
now contemplating to use the School building for some other purpose, without returning it to the
petitioners in which case, they would also be prevented from using the subject-plot. Since they are
entitled to get back the subject-plot and the School building in question, the respondent authorities
should not carry out any change in the ancient character of the subject-plot. It has further been
submitted that the arrear rent for the school has not been paid till date.
Page No. 4/4
3. Issue notice of motion, returnable in 4 [four] weeks.
4. As Mr. Goswami has appeared and accepted notices on behalf of the respondent nos. 1, 5, 6 &
9; Mr. Kaushik has appeared and accepted notices on behalf of the respondent nos. 2, 4, 7 & 8; and Mr.
Chaliha has appeared and accepted notice on behalf of the respondent no. 3, no formal notices need to
be issued in respect of all the respondents. The learned counsel for the petitioners shall, however, serve
requisite nos. of extra copies of the writ petition along with annexures, to Mr. Goswami, Mr. Kaushik
and Mr. Chaliha within 3 [three] working days from today.
5. Having regard to the projection made in the writ petition on the basis of the documents annexed
to the writ petition and considering that the petitioners have prima facie subsisting claim in the subject-
plot, it is provided that till the returnable date, the respondent authorities shall not effect anything so as
to change the nature and character of the subject-plot and the School building in any substantial
manner.
JUDGE
Comparing Assistant
