Page No.# 1/13 vs The State Of Assam And 4 Ors
2024 Latest Caselaw 5599 Gua

Gauhati High Court

Page No.# 1/13 vs The State Of Assam And 4 Ors on 6 August, 2024

Author: Devashis Baruah

Bench: Devashis Baruah

                                                        Page No.# 1/13

GAHC010138522024




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

                          Case No. : WP(C)/3410/2024

         FAKHRE ALAM AND 65 ORS
         S/O LT. AKHTAR ALAM
          RESIDENT OF-
         T.A. ROAD
          KUMARPARA
          GUWAHATI.
         DIST- KAMRUP (M)
         ASSAM. PIN- 781001.

         2: MD. SHAFI ALAM
         S/O LT. HADISH MIYA
          RESIDENT OF-
         HOUSE NO. 33
         ALUGODAM GALI
         ATHGAON
         GUWAHATI
          DIST- KAMRUP (M)
         ASSAM.

         3: ABDUL KUADIR
         S/O MD. SAFI ALAM
         RESIDENT OF-
         HOUSE NO. 33
         ALUGODAM GALI
         ATHGAON
         GUWAHATI
         DIST- KAMRUP (M)
         ASSAM.
         PIN- 781001.

         4: ISRAYAL ANSARI @ ISRAYAL
         S/O LT. MD. HARUNI
         RESIDENT OF-
         HOUSE NO. 33
                             Page No.# 2/13

ALUGODAM GALI
ATHGAON
GUWAHATI
DIST- KAMRUP (M)
ASSAM.
PIN- 781001.

5: ASHFAQUE KHAN
S/O LT. MD. RAFI KHAN
RESIDENT OF- HOUSE NO. 33
ALUGODAM GALI
ATHGAON
GUWAHATI
DIST- KAMRUP (M)
ASSAM.
PIN- 781001.

6: SADRE ALAM KHAN
S/O AMIRULLAH KHAN
RESIDENT OF- HOUSE NO. 33
ALUGODAM GALI
ATHGAON
GUWAHATI
DIST- KAMRUP (M)
ASSAM.
PIN- 781001.

7: ABUZAR KHAN
S/O LT. NIYAJ AHMED KHAN
RESIDENT OF- HOUSE NO. 33
ALUGODAM GALI
ATHGAON
GUWAHATI
DIST- KAMRUP (M)
ASSAM.
PIN- 781001.

8: MASAAD ALI ANSARI
S/O LT. KHAN MOHAMMAD
RESIDENT OF- F.A. ROAD
KUMARPARA
GUWAHATI-01.

9: KHALID ANSARI
S/O LT. KHAN MOHAMMAD
RESIDENT OF- F.A. ROAD
KUMARPARA
GUWAHATI-01.
                                  Page No.# 3/13


10: SARIFUDDIN KHAN
S/O LATE NIYAMUL KHAN
RESIDENT OF- N.S. ROAD
FATASHIL
GUWAHATI-01.

11: MD. HUSSAIN TAGALA
S/O LT. ABDUL RAZAK
RESIDENT OF-F.A. ROAD
KUMARPARA
GUWAHATI-01.

12: ERSHAD TAGALA
S/O LT. LUKMAN HUSSAIN
RESIDENT OF- F.A. ROAD
KUMARPARA
GUWAHATI-01.

13: INAMUDDIN TAGALA
S/O LT. ABDUL RAZAK
RESIDENT OF- F.A. ROAD
KUMARPARA
GUWAHATI-01.

14: SAMSUL HUDA KHAN
S/O LT. MUSTAFA KHAN
RESIDENT OF-N.S. ROAD
FATSHIL
GUWAHATI-01.

15: MD. JAHRUDDIN
S/O LT. HALIM SHEIKH
RESIDENT OF- A.T. ROAD
ATHGAON
GUWAHATI-01.

16: SIRAJ ANSARI @ SIRAJ AHMED
LT. SALIM ANSARI
RESIDENT OF N.S. ROAD
FATASHIL
GUWAHATI-01.

17: JAMAL KHAN
S/O ABDULLAH KHAN
RESIDENT OF-N.S. ROAD
FATASHIL
GUWAHATI-01.
                             Page No.# 4/13


18: IRFAN ANSARI
S/O LATE YEASIN ANSARI
RESIDENT OF- F.A. ROAD
MACHKHOWA
GUWAHATI-01.

19: BASHIR AHMED @ BASHIR
S/O LT. MAINA MIYA
RESIDENT OF- N.S. ROAD
FATASHIL
GUWAHATI-01.

20: YUNUSH SIDDIQUE
S/O LATE ALTAF HUSSAIN
RESIDENT OF- N.S. ROAD
FATASHIL
GUWAHATI- 01.

21: NOOR ALAM
S/O LT. MD. ISLAM
RESIDENT OF -N.S. ROAD
FATASHIL
GUWAHATI-01.

22: SAMSUDDIN TAGALA
S/O LT. ABDUL RAZAK
RESIDENT OF- F.A. ROAD
KUMARPARA
GUWAHATI-01.

23: FARUK RAHMAN
S/O LT. HABIBUR RAHMAN
RESIDENT OF- SANTIPUR
BHARALUMUKH
GUWAHATI-09.

24: IMRAN HUSSAIN
S/O LT. MANSOOR ALI
RESIDENT OF- ATHGAON
GUWAHATI-08.

25: SHOAIB ALAM
S/O LT. USMAN AZAD
RESIDENT OF- MACHKHOWA
GUWAHATI-09.

26: MD. MUSLIM
                                 Page No.# 5/13

S/O LT. BUDHAN
RESIDENT OF-
SATI JAYMATI ROAD
BHARALUMUKH
GUWAHATI.

27: FARID ALI
S/O LT. IRSHAD ALI
RESIDENT OF- KOTABARI
GORCHUK
GUWAHATI-35.

28: ABDUL AZIZ
S/O LT. UNUS ALI
RESIDENT OF- SARABHATTI
P.S. PALTANBAZAR
GUWAHATI-16.

29: NEKIBUR RAHMAN
S/O LT. BOGA AHMED
RESIDENT OF- ATHGAON
P.S. BHARALUMUKH
GUWAHATI-08

30: MD. SALIM
S/O LT. NEYAMAT ALI
RESIDENT OF- CHABIPOOL BILPAR
P.S. PALTANBAZAR
GUWAHATI-08.

31: ABDUS SALAM CHOUDHURY
S/O IRSHAD CHOUDHURY
RESIDENT OF- REHABARI
P.S. PALTANBAZAR
GUWAHATI-08

32: SARFUDDIN ANSARI
S/O IRSHAD
RESIDENT OF DHIRENPARA
P.S. AMBARI FATASIL
GUWAHATI-25.

33: SABIR AHMED
S/O MD. SALIM
RESIDENT OF- CHABIPOOL BILPAR
GUWAHATI-08.

34: IFTEKAR RAHMAN
                                        Page No.# 6/13

S/O FARUK RAHMAN
RESIDENT OF- SANTIPUR
BHARALUMUKH
GUWAHATI-09.

35: RAHIM ALI
S/O LT. NABI ALI
RESIDENT OF- BAREGAON
KAMALPUR
GUWAHATI-01.

36: RABEE HUSSAIN
S/O LT. AFTAB HUSSAIN
RESIDENT OF- BIRUBARI
GOPINATH NAGAR
GUWAHATI-16.

37: ABDUL MOIZ
S/O LT. ABDUL MAJID
RESIDENT OF- KATABARI
GORCHUK
GUWAHATI-35.

38: MD. KUDDUS
S/O LT. SUBEJAN
RESIDENT OF- HATIGAON
P.S. HATIGAON
GUWAHATI-38.

39: GULAM HASAN
S/O LT. GULAMRASSOL
RESIDENT OF - KATABARI
GORCHUK
GUWAHATI-35.

40: MD. ARIF
S/O LATE AKTARALAM
RESIDENT OF- MACHKHOWA
BHARALUMUKH
GUWAHATI-01

41: ABDUL QUADIR
S/O LT. WALI MOHAMMAD
RESIDENT OF- DATALPARA
MILANNAGAR PATH
GUWAHATI-25

42: NIZAM UDDIN @ NIZAM UDDIN ANSARI
                                 Page No.# 7/13

S/O RAJ MOHAMMAD
RESIDENT OF- ATHGAON
P.S. BHARALUMUKH
GUWAHATI-08

43: MD. ATHA
S/O LT. MD. IDRISH
RESIDENT OF ATHGAON
P.S. BHARALUMUKH
GUWAHATI-08

44: SHAKILA KHATOON
W/O LT. HAROON KHAN
RESIDENT OF- ATHGAON
P.S. BHARALUMUKH
GUWAHATI-08

45: MAHBOOB ALAM
S/O LT. MISRALLI MIYA
RESIDENT OF- ATHGAON
P.S. BHARALUMUKH
GUWAHATI-08

46: MD. MEHFUZ ALAM
S/O LT. HAROON KHAN
RESIDENT OF- ATHGAON
P.S. BHARALUMUKH
GUWAHATI-08

47: FIDA HUSSAIN
S/O LT. SURJAN ALI
RESIDENT OF - ATHGAON
P.S. BHARALUMUKH
GUWAHATI-08

48: RAJUDDIN KHAN @ RAJU KHAN
S/O LT. AKTAR KHAN
RESIDENT OF- ATHGAON
P.S. BHARALUMUKH
GUWAHATI-08

49: ZINNAT KHAN @ ZINAT KHAN
S/O LT. HAMID KHAN
RESIDENT OF- KATABARI
P.S. GORCHUK
GUWAHATI-35.

50: ANSAR AHMED
                                   Page No.# 8/13

S/O AHMED HUSSAIN
RESIDENT OF- ATHGAON
P.S. BHARALUMUKH
GUWAHATI-08

51: MANSUR ALAM
S/O LT. AHMED HUSSAIN
RESIDENT OF- ATHGAON
P.S. BHARALUMUKH
GUWAHATI-08

52: IMRAN KHAN
S/O LT. SAIMULLA KHAN
RESIDENT OF- DHIRENPARA
P.S. AMBARI FATASIL

GUWAHATI
ASSAM.

53: IBRAHIM NIRBAN
S/O LT. ALADEIN NIRBAN
RESIDENT OF- AMBARI FATASIL
GUWAHATI-25.

54: MD. MUSTAKIM
S/O LT. BUDHAN
RESIDENT OF- ATHGAON
P.S. BHARALUMUKH
GUWAHATI-08

55: MD. ATAUR RAHMAN
S/O LT. HAFAZUDDIN AHMED
RESIDENT OF- OSHIRAM RABHA PATH
BIRUBARI
GUWAHATI-16

56: WAHID MALIK
S/O LT. ABUL KALAM AZAD
RESIDENT OF- BIRUBARI
GUWAHATI-16.

57: HADISH ANSARI
S/O LT. SAHADUL MIYA
RESIDENT OF N.S ROAD
CHABIPOOL
GUWAHATI-08

58: MULTAN ANSARI
                                 Page No.# 9/13

S/O- LT. MAHARAM MIYA
N.S.ROAD
FATASIL
GUWAHATI.

59: MULAZIM ANSARY
LT. HABIB ANSARI
RESIDENT OF N.S. ROAD FATASIL
GUWAHATI
ASSAM

60: JALIL ANSARI
S/O KHEDARU ANSARI
RESIDENT OF N.S. ROAD FATASIL
GUWAHATI

61: SALIM SHEIKH
S/O LT. BOXULLA SHEIKH
RESIDENT OF N.S. ROAD
FATASIL
GUWAHATI

62: IMRAN ALI
N.S.ROAD
CHABIPOOL
GUWAHATI.

63: RAJA HUSSAIN
RESIDENT OF N.S. ROAD
BISHNUPUR
GUWAHATI.

64: JAYNUL ABEDIN KHAN
S/O LT. MUSTAFA KHAN
RESIDENT OF- N.S. ROAD
FATASIL
GUWAHATI.

65: ASHADUL KHOIRI
S/O LT. KHAN MOHAMMAD
RESIDENT OF- F.A. ROAD
KUMARPARA
GUWAHATI.

66: KHURSED ALI
S/O LT. MUZAMIL ALI
RESIDENT OF - ULUBARI
BORTHAKUR MILL
                                                           Page No.# 10/13

GUWAHATI.
VERSUS

THE STATE OF ASSAM AND 4 ORS
REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM

REVENUE AND DISASTER MANAGEMENT

SETTLEMENT BRANCH

ASSAM
DISPUR
GUWAHATI-6.

2:THE PUBLIC LAND PROTECTION COMMITTEE
REPRESENTED BY THE DISTRICT COMMISSIONER
 KAMRUP METROPOLITAN DISTRICT

HENGRABARI
GUWAHATI- 36.

3:THE DISTRICT COMMISSIONER
KAMRUP METROPOLITAN DISTRICT
HENGRABARI
GUWAHATI-36.

4:THE CIRCLE OFFICER
GUWAHATI REVENUE CIRCLE
ULUBARI
GUWAHATI-07.

5:THE GUWAHATI KABARSTHAN COMMITTEE
A REGISTERED SOCIETY UNDER THE SOCIETIES REGISTRATION ACT
1960

HAVING ITS PRINCIPAL OFFICE AT GUWAHATI KABARSTHAN CAMPUS

ATHGAON
GUWAHATI- 781008

DISTRICT- KAMRUP(M)
ASSAM

REPRESENTED BY ITS PRESIDENT.
------------
For the Petitioner(s)      : Mr. P. K. Roychoudhury, Advocate
                          : Mr. A. K. Azad, Advocate
                                                                       Page No.# 11/13


            For the Respondent(s)       : Mr. A. Bhattacharjee, SC, Revenue
                                        : Mr. J. Handique, Government Advocate
                                        : Mr. P. Nayak, SC, GMC




                                   BEFORE
                    HONOURABLE MR. JUSTICE DEVASHIS BARUAH

                                      ORDER

Date : 06.08.2024

Heard Mr. P. K. Roychoudhury, the learned counsel appearing on behalf of the Petitioners and Mr. A. Bhattacharjee, the learned Standing Counsel appearing on behalf of the Revenue Department. I have also heard Mr. J. Handique, the learned Government Advocate appearing on behalf of the Respondent Nos. 2, 3 and 4.

2. There is a dispute amongst the two counsels i.e. Mr. J. Kalita and Mr. A. Dhar, as to who would represent the Respondent No.5. However, this Court would not like to go into the said dispute taking into account the lis involved.

3. It is seen that the Petitioners herein claimed to be tenants under the Respondent No.5 and are running various business establishments in the said land. However, pursuant to the meeting held on 11.03.2024, certain notices have been issued to all the Petitioners which have been enclosed collectively as Annexure-12 (series) to the writ petition.

4. This Court has duly perused the said notices whereby the Petitioners were informed that they have encroached the Government land covered by Dag Nos. 2143, 2144 and 1984 under Mouza Guwahati, Sahar Guwahati Part-1 by running business/constructing shop. Vide the Page No.# 12/13

respective notices, the Petitioners were therefore directed to vacate the land within 15 days from the date of receipt of the notice. It was also directed that in the circumstances, the Petitioners do not vacate, action would be taken under Rule 18(2) of the Settlement Rules under the Land and Revenue Regulations, 1886. The Petitioners thereupon have approached this Court by filing the instant writ petition.

5. The basic ground on which the instant writ petition has been filed is that the Petitioners are the tenants under the Respondent No.5 and as such they cannot be evicted in the manner which is being sought to be done by the Revenue Authorities. This Court has also taken note of the recent judgment of the Division Bench of this Court in the case of Md. Salak Uddin Vs. State of Assam and Others reported in (2024) SCC OnLine

SC GAU 921 wherein the Division Bench of this Court held that the person

to whom a notice is issued under Rule 18(2) of the Settlement Rules under the Land and Revenue Regulations, 1886 would have a right to place before the Revenue Authorities that they have a bonafide claim of right involved. This Court is of the opinion that the Petitioners herein instead of approaching this Court by filing the instant writ petition ought to have approached the concerned Revenue Authority who had issued the notices and thereby representing that they have a bonafide claim of right involved. Under such circumstances, this Court is not inclined to entertain the instant writ petition. This Court grants 15 days time from today to the Petitioners to submit their respective representations before the Authority who issued the notices which have been impugned in the instant proceedings. The concerned Respondent Authorities upon submission of the respective representations shall duly consider the same Page No.# 13/13

as to whether the person submitting the representations have a bonafide claim of right involved. The Respondent Authorities further shall take note of the observations so made by the Division Bench of this Court in the case of Md. Salak Uddin (supra) more particularly to the observations made at paragraph Nos. 29, 30 and 31.

6. This Court also directs that till such disposal by the concerned Revenue Authorities, no coercive action shall be taken against the Petitioner(s) who submit their representations as per the liberty given herein.

7. Before parting with the records, this Court finds it relevant to observe that the power to be exercised by the Revenue Authorities under Rule 18 of the Settlement Rules is only permissible if the land is a Government land. The Petitioners are at liberty to take the ground, if the land under their occupation are not Government lands.

8. With above observations and directions, the instant petition stands disposed of.

JUDGE

Comparing Assistant