Gauhati High Court
Page No.# 1/23 vs The State Of Assam And 5 Ors on 20 February, 2025
Author: Manish Choudhury
Bench: Manish Choudhury
Page No.# 1/23
GAHC010000522025
2025:GAU-AS:2268
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/365/2025
ABDUL SAMAD AND 59 ORS
S/O- JAINAL ABDIN
R/O- VILL- PANBARI HABI,
P.O.- BHAKATAPARA, P.S.- DHULA
DIST.- DARRANG ASSAM
PIN- 784190
2: ABUL KALAM AZAD
S/O JAINAL ABDIN
R/O- VILL- PANBARI HABI
P.O.- BHAKATAPARA
P.S.- DHULA
DIST.- DARRANG ASSAM
PIN- 784190
3: ABDUR RAHMAN
R/O- VILL- PANBARI HABI
P.O.- BHAKATAPARA
P.S.- DHULA
DIST.- DARRANG ASSAM
PIN- 784190
4: FAZAR ALI
S/O- JAINAL SEKH
R/O- VILL- PANBARI HABI
P.O.- BHAKATAPARA
P.S.- DHULA
DIST.- DARRANG ASSAM
PIN- 784190
5: MUSHARAF ALI
Page No.# 2/23
S/O- SAMAD ALI
R/O- VILL- PANBARI HABI
P.O.- BHAKATAPARA
P.S.- DHULA
DIST.- DARRANG ASSAM
PIN- 784190
6: MUZAMMIL HOQUE
S/O- SAMAD ALI
R/O- VILL- PANBARI HABI
P.O.- BHAKATAPARA
P.S.- DHULA
DIST.- DARRANG ASSAM
PIN- 784190
7: AINAL HOQUE
S/O JUNAB ALI
R/O- VILL- PANBARI HABI
P.O.- BHAKATAPARA
P.S.- DHULA
DIST.- DARRANG ASSAM
PIN- 784190
8: MAHARUDDIN ALI
S/O ABDUL MAZID
R/O- VILL- PANBARI HABI
P.O.- BHAKATAPARA
P.S.- DHULA
DIST.- DARRANG ASSAM
PIN- 784190
9: MAHIDUL ISLAM
S/O- ABDUL MAZID
R/O- VILL- PANBARI HABI
P.O.- BHAKATAPARA
P.S.- DHULA
DIST.- DARRANG ASSAM
PIN- 784190
10: JAINAL SHEIKH
S/O RAHMAN MUNCHI
R/O- VILL- PANBARI HABI
Page No.# 3/23
P.O.- BHAKATAPARA
P.S.- DHULA
DIST.- DARRANG ASSAM
PIN- 784190
11: ABDUL SATTAR
S/O- BILAT ALI
R/O- VILL- PANBARI HABI
P.O.- BHAKATAPARA
P.S.- DHULA
DIST.- DARRANG ASSAM
PIN- 784190
12: NABI HUSSAIN
S/O- MAJIBAR RAHMAN
R/O- VILL- PANBARI HABI
P.O.- BHAKATAPARA
P.S.- DHULA
DIST.- DARRANG ASSAM
PIN- 784190
13: AZMAT ALI
S/O ANAR ALI
R/O- VILL- PANBARI HABI
P.O.- BHAKATAPARA
P.S.- DHULA
DIST.- DARRANG ASSAM
PIN- 784190
14: JALAL HOQUE
S/O- ANAR ALI
R/O- VILL- PANBARI HABI
P.O.- BHAKATAPARA
P.S.- DHULA
DIST.- DARRANG ASSAM
PIN- 784190
15: ABUL HUSSAIN
S/O- MATLEB ALI
R/O- VILL- PANBARI HABI
P.O.- BHAKATAPARA
P.S.- DHULA
DIST.- DARRANG ASSAM
Page No.# 4/23
PIN- 784190
16: FAZAR ALI
S/O- AMSER ALI
R/O- VILL- PANBARI HABI
P.O.- BHAKATAPARA
P.S.- DHULA
DIST.- DARRANG ASSAM
PIN- 784190
17: MAZAL HOQUE
S/O- BILAT ALI
R/O- VILL- PANBARI HABI
P.O.- BHAKATAPARA
P.S.- DHULA
DIST.- DARRANG ASSAM
PIN- 784190
18: MASIBULLAH
S/O- SHAHJAHAN ALI
R/O- VILL- PANBARI HABI
P.O.- BHAKATAPARA
P.S.- DHULA
DIST.- DARRANG ASSAM
PIN- 784190
19: SAMIR ALI
S/O- SAYED ALI
R/O- VILL- PANBARI HABI
P.O.- BHAKATAPARA
P.S.- DHULA
DIST.- DARRANG ASSAM
PIN- 784190
20: ABDUL HASHEM
S/O- OWAJ ALI
R/O- VILL- PANBARI HABI
P.O.- BHAKATAPARA
P.S.- DHULA
DIST.- DARRANG ASSAM
PIN- 784190
21: MUSHARAFF ALI
Page No.# 5/23
S/O- TAFILUDDIN
R/O- VILL- PANBARI HABI
P.O.- BHAKATAPARA
P.S.- DHULA
DIST.- DARRANG ASSAM
PIN- 784190
22: MOINAL HOQUE
S/O JUNAB ALI
R/O- VILL- PANBARI HABI
P.O.- BHAKATAPARA
P.S.- DHULA
DIST.- DARRANG ASSAM
PIN- 784190
23: SAIDUR RAHMAN
S/O- ABDUL MALEK
R/O- VILL- PANBARI HABI
P.O.- BHAKATAPARA
P.S.- DHULA
DIST.- DARRANG ASSAM
PIN- 784190
24: MAKSED ALI
S/O- ABDUL KADER
R/O- VILL- PANBARI HABI
P.O.- BHAKATAPARA
P.S.- DHULA
DIST.- DARRANG ASSAM
PIN- 784190
25: MANZUR ALAM
S/O- MUSAB ALI
R/O- VILL- PANBARI HABI
P.O.- BHAKATAPARA
P.S.- DHULA
DIST.- DARRANG ASSAM
PIN- 784190
26: FARUK ABDULLAH
S/O- ABDUR RAHMAN
R/O- VILL- PANBARI HABI
Page No.# 6/23
P.O.- BHAKATAPARA
P.S.- DHULA
DIST.- DARRANG ASSAM
PIN- 784190
27: ABDUL MAZID
S/O AJGAR ALI
R/O- VILL- PANBARI HABI
P.O.- BHAKATAPARA
P.S.- DHULA
DIST.- DARRANG ASSAM
PIN- 784190
28: ABU BAKKAR SIDDIQUE
S/O - ABDUR RAHMAN
R/O- VILL- PANBARI HABI
P.O.- BHAKATAPARA
P.S.- DHULA
DIST.- DARRANG ASSAM
PIN- 784190
29: NIRMALA KHATUN
S/O- SAHJAHAN ALI
R/O- VILL- PANBARI HABI
P.O.- BHAKATAPARA
P.S.- DHULA
DIST.- DARRANG ASSAM
PIN- 784190
30: MANNAT ALI
S/O- AJGAR ALI
R/O- VILL- PANBARI HABI
P.O.- BHAKATAPARA
P.S.- DHULA
DIST.- DARRANG ASSAM
PIN- 784190
31: MUTAHAR ALI
S/O- JUNAB ALI
R/O- VILL- PANBARI HABI
P.O.- BHAKATAPARA
P.S.- DHULA
DIST.- DARRANG ASSAM
Page No.# 7/23
PIN- 784190
32: ABDUL HASHEM
S/O ABDUL MALEK
R/O- VILL- PANBARI HABI
P.O.- BHAKATAPARA
P.S.- DHULA DIST.- DARRANG ASSAM
PIN- 784190
33: PASHAN ALI
S/O MAHEJ ALI
R/O- VILL- PANBARI HABI
P.O.- BHAKATAPARA
P.S.- DHULA
DIST.- DARRANG ASSAM
PIN- 784190
34: MATLEB ALI
S/O MINNAT ALI
R/O- VILL- PANBARI HABI
P.O.- BHAKATAPARA
P.S.- DHULA
DIST.- DARRANG ASSAM
PIN- 784190
35: NUREDA KHATUN
D/O MATLEB ALI
R/O- VILL- PANBARI HABI
P.O.- BHAKATAPARA
P.S.- DHULA
DIST.- DARRANG ASSAM
PIN- 784190
36: JAHANGIR ALOM
S/O SAHA ALI
R/O- VILL- PANBARI HABI
P.O.- BHAKATAPARA
P.S.- DHULA
DIST.- DARRANG ASSAM
PIN- 784190
37: MATIBAR RAHMAN
S/O - BILAT ALI
Page No.# 8/23
R/O- VILL- PANBARI HABI
P.O.- BHAKATAPARA
P.S.- DHULA
DIST.- DARRANG ASSAM
PIN- 784190
38: RAJINA PARBIN @ RAJINA KHATUN
D/O - ABDUR RAHMAN
R/O- VILL- PANBARI HABI
P.O.- BHAKATAPARA
P.S.- DHULA
DIST.- DARRANG ASSAM
PIN- 784190
39: SALIMUDDIN AHMED
S/O SAHA ALI
R/O- VILL- PANBARI HABI
P.O.- BHAKATAPARA
P.S.- DHULA
DIST.- DARRANG ASSAM
PIN- 784190
40: JULHASH ALI
S/O ABDUL MALEK
R/O- VILL- PANBARI HABI
P.O.- BHAKATAPARA
P.S.- DHULA
DIST.- DARRANG ASSAM
PIN- 784190
41: ASIA KHATUN
S/O- ABDUR RAHMAN
R/O- VILL- PANBARI HABI
P.O.- BHAKATAPARA
P.S.- DHULA
DIST.- DARRANG ASSAM
PIN- 784190
42: TALEB ALI
S/O- KARA
ALI
R/O- VILL- PANBARI HABI
Page No.# 9/23
P.O.- BHAKATAPARA
P.S.- DHULA
DIST.- DARRANG ASSAM
PIN- 784190
43: MATLEB ALI
S/O ABDUL MALEK
R/O- VILL- PANBARI HABI
P.O.- BHAKATAPARA
P.S.- DHULA
DIST.- DARRANG ASSAM
PIN- 784190
44: TARIK AZIZ
S/O HABIBUR RAHMAN
R/O- VILL- PANBARI HABI
P.O.- BHAKATAPARA
P.S.- DHULA
DIST.- DARRANG ASSAM
PIN- 784190
45: ABIDA KHATUN
C/O HABIBUR RAHMAN
R/O- VILL- PANBARI HABI
P.O.- BHAKATAPARA
P.S.- DHULA
DIST.- DARRANG ASSAM
PIN- 784190
46: HUSSAIN ALI
S/O- JAMAL UDDIN
R/O- VILL- PANBARI HABI
P.O.- BHAKATAPARA
P.S.- DHULA
DIST.- DARRANG ASSAM
PIN- 784190
47: MUNJIL HOQUE @ MANJIL HOQUE
S/O ABDUL GANI
R/O- VILL- PANBARI HABI
P.O.- BHAKATAPARA
P.S.- DHULA
DIST.- DARRANG ASSAM
Page No.# 10/23
PIN- 784190
48: MAMIN ALI
S/O- ABDUL LATIF
R/O- VILL- PANBARI HABI
P.O.- BHAKATAPARA
P.S.- DHULA
DIST.- DARRANG ASSAM
PIN- 784190
49: MAJIBAR RAHMAN
S/O ABDUL LATIF
R/O- VILL- PANBARI HABI
P.O.- BHAKATAPARA
P.S.- DHULA
DIST.- DARRANG ASSAM
PIN- 784190
50: ABUL HUSSAIN
S/O - BIDESHI
R/O- VILL- PANBARI HABI
P.O.- BHAKATAPARA
P.S.- DHULA
DIST.- DARRANG ASSAM
PIN- 784190
51: SAIFUL ISLAM
S/O ABDUL LATIF
R/O- VILL- PANBARI HABI
P.O.- BHAKATAPARA
P.S.- DHULA
DIST.- DARRANG ASSAM
PIN- 784190
52: MAINUDDIN
R/O- VILL- PANBARI HABI
P.O.- BHAKATAPARA
P.S.- DHULA DIST.- DARRANG ASSAM
PIN- 784190
53: RAJAB ALI
S/O ANAR ALI
R/O- VILL- PANBARI HABI
Page No.# 11/23
P.O.- BHAKATAPARA
P.S.- DHULA
DIST.- DARRANG ASSAM
PIN- 784190
54: NURUL ISLAM
S/O HAREZ ALI
R/O- VILL- PANBARI HABI
P.O.- BHAKATAPARA
P.S.- DHULA
DIST.- DARRANG ASSAM
PIN- 784190
55: MAHAMMAD ALI
S/O SAYED ALI
R/O- VILL- PANBARI HABI
P.O.- BHAKATAPARA
P.S.- DHULA
DIST.- DARRANG ASSAM
PIN- 784190
56: NACHKAR ALI
S/O KUBBAT ALI
R/O- VILL- PANBARI HABI
P.O.- BHAKATAPARA
P.S.- DHULA
DIST.- DARRANG ASSAM
PIN- 784190
57: SHAHJAHAN ALI
S/O- SALIMUDDIN
R/O- VILL- PANBARI HABI
P.O.- BHAKATAPARA
P.S.- DHULA
DIST.- DARRANG ASSAM
PIN- 784190
58: NURUL HOQUE
S/O AMSER ALI
R/O- VILL- PANBARI HABI
P.O.- BHAKATAPARA
P.S.- DHULA DIST.- DARRANG ASSAM
Page No.# 12/23
PIN- 784190
59: AMAN ALI
S/O- HASMAT ALI
R/O- VILL- PANBARI HABI
P.O.- BHAKATAPARA
P.S.- DHULA
DIST.- DARRANG ASSAM
PIN- 784190
60: RAHAM ALI
S/O- KUMARUDDIN
R/O- VILL- PANBARI HABI
P.O.- BHAKATAPARA
P.S.- DHULA DIST.- DARRANG ASSAM
PIN- 78419
VERSUS
THE STATE OF ASSAM AND 5 ORS
REPRESENTED BY PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM,
REVENUE AND DISASTER MANAGEMENT DEPARTMENT, GUWAHATI. PIN-
781006
2:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM
REVENUE AND DISASTER MANAGEMENT DEPARTMENT
GUWAHATI. PIN-781006
3:THE DISTRICT COMMISSIONER
DARRANG DISTRICT
MANGALDAI
PIN- 784125
4:THE CIRCLE OFFICER
DALGAON REVENUE CIRCLE
DALGAON
DIST- DARRANG
PIN- 784116
5:THE GAON PRADHAN
PANBARI
PANBARI HABI VILLAGE
PO- BHAKATPARA
DIST- DARRANG PIN- 784190
6:BIJOY LAKSHMI SAMABAI SAMITI @ BOIRAGIJHAR SAMABAI SAMITI
Page No.# 13/23
REPRESENTED BY ITS PRESIDENT. VILL- PANBARI HABI
P.O.- BHAKTAPARA
P.S.- KALAIGAON
DIST- DARRANG
ASSAM
PIN
Advocate for the Petitioner : MR. N K KALITA, MS. U DEKA,MS E B GOGOI,MR B
BORA,MR. R D BHUYAN
Advocate for the Respondent : SC, REVENUE AND DISASTER MANAGEMENT DEPT, GA,
ASSAM
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
JUDGMENT
20.02.2025
The petitioners herein, invoking the extra-ordinary and discretionary jurisdiction under
Article 226 of the Constitution of India, have preferred the writ petition seeking inter-alia
direction to the respondent authorities to consider the application, stated to have submitted
by the petitioners before the District Commissioner, Darrang on 11.03.2024. The petitioners
have further sought for a direction to the State respondents to review and cancel an earlier
order of allotment of land made in favour of the respondent no. 6 in the year 1989 and to
allot/settle the said land in favour of the petitioners considering their possession on it for a
long period.
2. The learned counsel for the petitioners; learned Standing Counsel, Revenue Department;
and learned State Counsel were heard on 29.01.2025 and on 07.02.2024. Today, Ms. N. Boro,
learned counsel on behalf of Mr. N.K. Kalita, learned counsel for the petitioners; Ms. N.
Bordoloi, learned Standing Counsel, Revenue Department for the respondent nos. 1 & 2; and
Mr. H. Sarma, learned Additional Senior Government Advocate, Assam for the respondent
nos. 3 & 4 are present.
Page No.# 14/23
3. Having regard to the issues raised in this writ petition and having heard the learned
counsel for the parties, this Court finds no necessity to issue notice to the respondent no. 5
and the respondent no. 6. Rules is issued. At the request of and as consented by the learned
counsel for the remaining parties, and the Rule is made returnable immediately.
4. The petitioners, sixty in nos., have joined together to institute the writ petition stating
that they have a common cause of action. The petitioners have projected themselves to be
landless poor people residing in parcels of land situate at Village - Panbari Habi, Police Station
- Dhula, Mouza - Shyamabari, Dalgaon Revenue Circle, District - Darrang for a period of
more than fifty years. The petitioners have stated that the parcels of land which are under
their occupation, are about 156 Bighas 2 Kathas 4 Lessas, covered by Dag no. 75. The
parcels of land under Dag no. 75 are admittedly a Government land. Out of those 156 Bighas
2 Kathas 4 Lessas, an area of 2 Bighas had been allotted to Panbari Habi Koktab Lower
Primary School. The petitioners have stated that they had submitted an application before the
respondent no. 3 on 11.03.2024 for granting allotment/settlement of the parcels of land
which are under their occupation, in their favour.
5. Vehemently objecting to the statements, averments and projections made by the
petitioners, the learned State Counsel has submitted that the instant writ petition is not be
entertained in view of the previous history of litigation.
6. In view of the objection about the previous history of litigation, it appears proper to have
a look at the previous litigation. Few of the present petitioners as plaintiffs, instituted a title
suit, Title Suit no. 100 of 1979 before the Court of learned Civil Judge, Mangaldai by making
one Benudhar Nath as the defendant, for declaration and confirmation of plaintiffs' possession
over the suit land, measuring 156 Bighas 2 Kathas 4 Kathas and for a decree of permanent
injunction restraining the defendant from disturbing the plaintiffs' possession in any manner.
The petitioners have stated that the plaintiffs and the defendant entered into a compromise
with a condition that the defendant or any other person of the defendant would not disposes
the plaintiffs from the suit land measuring 156 Bighas 2 Kathas 4 Kathas. It emerges from the
Page No.# 15/23
Order passed by the learned Civil Court in Title Suit no. 100 of 1979 on 02.06.1980 that an
area of 500 Bighas of land was allotted to one M/s Bijoy Lakshmi Samabai Samity @ M/s
Boiragijhar Samabai Samity.beyond the suit land. The suit was finally decreed on compromise
on 11.06.1980. After the afore-mentioned order/decree, the petitioners submitted an
application before the respondent no. 3 on 05.12.2016 seeking allotment/settlement of the
parcel of land covered by Dag no. 75 and the said application was followed by a subsequent
application dated 06.02.2017.
7. The petitioners had, thereafter, instituted a writ petition which was registered and
numbered as Civil Rule no. 1065 of 1988 before the Division Bench when an Eviction Notice
dated 25.03.1985 in connection with Encroachment Case no. 24/84-85 was served upon them
by the Additional Deputy Commissioner, Mangaldai. It was projected before the Court that
they were in possession of the land measuring 156 Bighas 2 Kathas 4 Lessas, covered by Dag
no. 75 as well as Dag no. 189, situate at Village - Panbari Habi, Police Station - Dhula, Mouza
- Shyamabari, Dalgaon Revenue Circle, District - Darrang since 1965. Having regard to the
projections made on behalf of the petitioners, Civil Rule no. 1065 of 1988 was disposed of by
the Division Bench with a direction that the petitioners shall not be evicted till their
application for settlement was disposed of by the State Government in accordance with law
within a period of three months thereof.
8. Subsequently on 24.05.1989, another Eviction Notice was served upon the petitioners for
vacating the parcels of land under their possession. Aggrieved by the Eviction Notice dated
24.05.1989, the petitioners instituted another writ petition, Civil Rule no. 772 of 1989. The
said writ petition, Civil Rule no. 772 of 1989 came up for consideration on 07.01.1994. The
Court after consideration, found the writ petition to be absolutely premature inasmuch as in
the Eviction Notice, it was stated that they would be evicted from the land as per law and
when such actions were taken, the petitioners would have the right to approach the Court.
Finding no merit in the writ petition, Civil Rule no. 772 of 1989 the same was dismissed by an
Order dated 07.01.1994.
9. Aggrieved by the dismissal of Civil Rule no. 772 of 1989 by the Order dated 07.01.1994,
Page No.# 16/23
the writ petitioners carried the matter before the Division Bench by way of an intra-court
appeal, Writ Appeal no. 36 of 1994. The writ appeal, Writ Appeal no. 36 of 1994 was heard
on 02.06.1994. The Hon'ble Division Bench had affirmed the decision of the learned Single
Judge by holding that the learned Single Judge was right in rejecting the claim made by the
petitioners. The Division Bench while disposing of the writ appeal by a Judgment and Order
dated 02.06.1994, had further observed as under :-
Before parting, however, it may be observed that the notice which had been issued by
the Deputy Commissioner can only be attributed to the exercise of power by the
aforesaid authority under Rule 18 of the Settlement Rules framed under the Assam
Land and Revenue Regulation, 1886. If that be so, a statutory appeal lies under
Section 147 of the Assam Land and Revenue Regulation, 1886 as the notice dated
25.05.1989 ordering ejectment of the petitioners will be an order passed by the
Deputy Commissioner which could be amenable to appeal under Section 147 of the
Assam Land and Revenue Regulation, 1886. In our opinion, the petitioners-
appellants, therefore, can prefer an appeal and in case such an appeal is filed and
entertained, the same would be adjudicated by the Board on merits irrespective of
the observation which have been made by the learned Single Judge in the writ
petition.
This Court had granted a stay order in the appeal in favour of the appellants, the
aforesaid stay order will remain in operation for 15 [fifteen] days from today.
The learned counsel for the appellants has urged before us that the Board my not
entertain the appeal on the ground that it is now barred by limitation. We are not
prepared to accept the aforesaid contention inasmuch as the Board can condone the
delay in filing appeal in appropriate cases specially when the appellant is able to
show that he was pursuing the remedy bonafide by way of filing petition, appeal, etc.
Subject to the aforesaid observation, we do not consider the present appeal as a fit
case in which the order of the learned Single Judge should be interfered with. The
appeal is, accordingly dismissed. However, there will be no order as to cost.
Page No.# 17/23
10. Subsequent to the disposal of the writ appeal, Writ Appeal no. 36 of 1994 on
02.06.1994 and on receipt of information of an eviction process proposed on 03.12.1997 in
connection with Encroachment Case no. 2-12/1997, the petitioners approached the Assam
Board of Revenue by way of a revenue appeal, Case no. 189 RA[D]/1997 on the premise that
they were in peaceful possession of the Government land measuring 154 Bighas 2 Kathas 4
Lessas under Dag no. 75 at Village - Panbari Habi, Mouza - Shyamabari, District - Darrang
for more than twenty years paying touzi bahira revenue and with the apprehension that they
would be forcefully evicted from the land, where they were in occupation, on 03.12.1997. The
said revenue appeal was heard on 20.04.1999 and was disposed of by an Order dated
26.04.1999. The Assam Board of Revenue had dismissed the revenue appeal, Case no.
189RA[D]/1997 on 26.04.1999 and held that the appeal could not be entertained and
admitted. As regards the claim of the petitioners/appellants in revenue appeal that they were
in possession of the subject-land in question for more than twenty years, the Board of
Revenue had recorded the finding that there was no evidence on record to suggest that the
petitioners had such long continuous and uninterrupted possession. The Board of Revenue
had further held that the application of Rule 18[2] of the Settlement Rules framed under the
Assam Land and Revenue Regulation, 1886 in the case of the petitioners could not be held to
be in violation of any law of the land, more particularly, when their prayer for re-settlement
had already been rejected by the Government.
11. Aggrieved by the Order dated 26.04.1999 of the Assam Board of Revenue, the
petitioners instituted another writ petition, which was registered and numbered as W.P.[C] no.
2905 of 1999. When the writ petition was listed on 05.04.2000, a submission was made on
behalf of the petitioners that the petitioners could not bring some documents and evidence to
the notice of the Assam Board of Revenue in respect of their claim regarding their occupation
for more than twenty years. Solely on that point, the writ petition, W.P.[C] no. 2905 of 1999
was disposed of by an Order dated 05.04.2000 by setting aside the Order dated 26.04.1999
passed by the Assam Board of Revenue and remanded back the matter to the Assam Board
of Revenue to consider the appeal/petition along with the documents and evidence, if any,
produced by the petitioners before it.
Page No.# 18/23
12. When the revenue appeal, Case no. 189RA[D]/1997 was restored back on the strength
of the Order dated 05.04.2000 passed in the writ petition, W.P.[C] no. 2905 of 1999, the
Board of Revenue heard the matter again on 05.05.2003. After hearing the parties, the Board
of Revenue had disposed of the revenue appeal on 27.05.2003. The operative parts of the
Order dated 27.05.2003 are as under :-
I find the case fit to be remanded to the court below for disposal after examining all
the original documents available with petitioners/appellants and the originals as
indicated above available in the local offices. Therefore, the matter is remanded to
the Deputy Commissioner, Darrang for disposal within three months. The
petitioners/appellants are directed to appear before the Deputy Commissioner,
Darrang within a fortnight along with the original documents available with them.
13. On being remanded the matter back to the Deputy Commissioner, Darrang for disposal
after examining the original documents available with the petitioners, the office of the Deputy
Commissioner, Darrang issued notices to the petitioners on 01.07.2004 onwards asking the
petitioners to appear before him along with all their supporting documents in original. An
enquiry report was also called for by the Additional Deputy Commissioner [Revenue],
Darrang, Mangaldai from the Circle Officer, Dalgaon Revenue Circle, Dalgaon regarding the
area of the village/grazing land of the Village - Panbari Habi, Mouza - Shyambari purportedly
encroached by the petitioners. The Circle Officer was also directed to mention the names of
the real encroachers along with other details about the areas of land under their possession
in the enquiry report. On the basis of the Office Letter dated 04.11.2004 of the Additional
Deputy Commissioner [Revenue], Darrang, the Circle Officer vide his Office Letter dated
18.01.2005, submitted his enquiry report. Having examined the enquiry report and other
records, the Additional Deputy Commissioner [Revenue], Darrang by his Office Letter dated
29.06.2009 directed the Circle Officer, Dalgaon Revenue Circle to carry out eviction of
encroachers immediately after serving notices on the encroachers in connection with
Encroachment Case no. 1/2008-09.
Page No.# 19/23
14. The petitioners had thereafter, approached the Assam Board of Revenue again by
preferring an appeal under Section 147[a] read with Section 151 of the Assam Land and
Revenue Regulation, 1886 against the decision taken by the Additional Deputy Commissioner
[Revenue], Darrang towards eviction of the encroachers in connection with Encroachment
Case no. 1/2008-09. The said appeal was registered as Case no. 107 RA[D]/2009. The Assam
Board of Revenue in its Order dated 27.07.2009, had observed that it was an admitted
position that the petitioners/appellants were encroachers over Government land and had no
title over it and in such a situation, the eviction ordered to be carried out by the District
Administration was a correct procedure. By holding so, the appeal was not admitted.
15. Aggrieved by the Order dated 27.07.2009, the petitioners had again instituted a writ
petition, W.P.[C] no. 3154/2009. In order to appreciate the projections made by the
petitioners, it appears apposite to quote the relevant excerpts from the Order dated
24.07.2014 whereby the writ petition, W.P.[C] no. 3154/2009 was dismissed.
Litigation History
3.1 The petitioners were occupying Government land in the Panbari Forest Revenue
village in Shayamabari Mouza covered by Government Patta no. 60 [New]/63[Old] of Dag no.
75[New]/189[Old] and considering their occupation to be illegal, the eviction notice dated
25.3.1985 was issued in the Encroachment Case no. 24/84-85 against the petitioners. As the
occupiers had applied for settlement of the Government land, they challenged the eviction
notice through the Civil Rule 1065/88 and this case was disposed of on 16.06.1988 [Annexure-
1] with the observation that the petitioners should not be evicted till their petition is disposed of
by the Government.
3.2 A 2nd eviction proceeding was started through the eviction notice dated 24.05.1989
and this was again challenged by the encroachers through the Civil Rule no. 772/1989. But the
writ petition was dismissed on 07.01.1994 [Annexure-2] with the observation that the settlement
application of the encroachers was rejected by the Government on 26.08.1988 and thereafter
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the land was duly settled with deserving landless persons and accordingly the Court held that
the writ petition has no merit and accordingly the same was dismissed on 07.01.1994.
3.3 The aggrieved petitioners then approached the Revenue Board and in the meantime
the Writ Appeal 36/1994 was also filed to challenge the Writ Court's dismissal order dated
07.01.1994. The Division Bench observed that the Government already refused settlement of
the occupied land and yet the rejection order dated 26.08.1988 is not being produced by the
petitioners to project any illegality in the Government's order. Consequently the dismissal of the
writ petition was upheld by the Division Bench through its judgment dated 02.06.1994. But
although the Writ Appeal was dismissed but considering the eviction notice to be appeal able
under Section 147 of the Assam Land and Revenue Regulation, 1886, the Division Bench
observed that the appellant can file appeal for redressal of their grievances.
3.4 The petitioners' appeal was numbered as Case no. 189 RA[D]/97 and the learned
Revenue Board through its order dated 26.04.1999 observed that the Government after due
consideration refused settlement to the encroachers and accordingly serving of the eviction
notice under Rule 18[2] was held to be justified and with this observation, the appeal was
rejected through the judgment dated 26.04.1999 [Annexure-6] rendered by the learned
Revenue Board.
3.5 The dismissal of the appeal led to filing of the 3rd case i.e. the W.P.[C] no. 2905/1999
by the writ petitioners and while disposing of this case on 05.04.2000 [Annexure-7], the Court
observed that the Revenue Board rightly rejected the appeal as the Government had
considered and rejected the petitioners' claim for settlement. But since the writ petitioners
wanted to produce some additional documents for re-consideration by the Revenue Board, only
on this limited point, the matter was remanded back to enable the occupiers to produce
additional documents whereafter appropriate orders were to be passed by the Revenue Board.
3.6 After the matter was remanded, the Revenue Board re-considered the matter and
since the petitioners relied upon some Xeroxed documents, the Revenue Board observed that
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examination of original documents will be necessary for adjudication of the case and since
those original documents were available with the local revenue officials, through the judgment
dated 27.05.2003 [Annexure-9], the matter was remanded back to the D.C., Darrang for a fresh
decision.
3.7 Consequent to the Revenue Board's remand order, the Addl. D.C. [Revenue],
Mangaldoi gave notice on 01.07.2004 with opportunity to the petitioners to produce their
documents and in this proceeding also, the petitioners' right to occupy the encroached land was
under consideration.
3.8 In the meantime, since the gracing reserve lands from the Village - Panbari Habi was
allotted to deserving landless persons and the petitioners were pressurised by the legal
allottees, the Title Suit no. 100/1979 was filed by the petitioners against the new allottees. But
this case was not pursued on merit but was disposed of on compromise on 02.06.1980
[Annexure-14] by the Civil Judge.
3.9 Thereafter the 3rd eviction proceeding was started through the Encroachment Case
no. 1/2008-09 where the impugned direction for eviction was given by the Addl. D.C., Darrang
on 29.06.2009. The petitioner's challenge to their eviction was rejected by the learned Revenue
Board through its impugned order dated 27.07.2009 [Annexure-16] and in the result the present
case is filed.
* * * *
7. From the above litigation history and the multitude of proceedings essentially
by the encroachers before different forums, it is clear that the petitioners are trying to secure
legitimacy on the encroached village grazing land. But their application for settlement was
rejected long back by the Government on 26.08.1988 and this decision was upheld by the Court
by rejection of the petitioners' 2nd writ petition i.e. Civil Rule no. 772/1989 on 07.01.1994. The
Single Judge's order was affirmed by the Division Bench on 02.06.1994 through dismissal of
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the Writ Appeal no. 36/1994. The Revenue Board then dismissed the case filed by the
aggrieved petitioners on 26.04.1999. However this case was eventually remanded for a fresh
decision by the D.C., Darrang. During re-consideration of the remanded matter, the 3 rd eviction
proceeding was started through the Encroachment Case no.1/2008-09 and this case according
to me should be read as rejection of the petitioners' claim [if any], on the encroached land.
8. In the above backdrop, when the petitioners plea for land allotment was rejected as far
back as on 26.08.1988 and the concerned land was settled with the respondent no. 7 and other
deserving landless families on 31.05.1989, the petitioners were rightly held to be encroachers
by the Revenue Board which refused to entertain the writ petitioners' challenge to the
Encroachment Case no. 1/08-09 through the impugned order dated 27.07.2009 [Annexure-16].
9. I have considered the matter from all perspective and find that the petitioners' status is
no better than opportunistic encroachers. Through multiple litigation they have perpetuated the
illegality and have also offered stiff resistance to occupation to the lawful settlers. When the
petitioners are encroachers of Government land where they have no title and when the land is
already allotted to 3rd parties, I am of the view that the equity doesn't lie with the encroachers
but with the deserving allottees. Consequently I declare that the impugned order dated
27.07.2009 in the Case no. 107 RA[D]/2009 was rightly passed by the learned Revenue Board
and therefore the case is dismissed without any order on cost.
16. On dismissal of the writ petition, W.P.[C] no. 3154/2009 by the Order dated 24.07.2014,
the petitioners again had carried the matter before the Division Bench by way of an intra-
court appeal, Writ Appeal no. 184/2015. The Hon'ble Division Bench after hearing the learned
counsel for the parties and after perusal of the materials on record, dismissed the writ appeal
by an Order dated 28.03.2016 by finding themselves in complete agreement with the view
taken by the learned Single Judge in the Order assailed. The Hon'ble Division Bench had
proceeded to observe that the petitioners/appellants should gracefully accept the order of
eviction passed against them by the competent authority and vacate the land if they had not
already done so. The Hon'ble Division Bench had, thus, affirmed the finding recorded by the
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learned Single Judge that the status of the petitioners/appellants are that of encroachers
which the learned Single Judge, after considering the litigation history, had found the
petitioners no better than 'opportunistic encroachers'. It was in the backdrop of the aforesaid
litigation history, this writ petition is again instituted by the petitioners seeking the aforesaid
direction on the premise that their application seeking settlement before the respondent no. 3
has been kept pending since 11.03.2024.
17. As per the Land Policy, 2013, mere possession by way of encroachment is not a criteria
for entitlement to get settlement of Government land. It has emerged from the discussion
that the petitioners' application for settlement was rejected as far back as on 26.08.1988 and
the parcel of land in respect of which the petitioners had sought settlement, were already
allotted to third parties, who were found to be deserving landless persons. The said position
has attained finality. Having regard to the status of the petitioners as opportunistic
encroachers, as held by the learned Single Judge in its Order dated 24.07.2014 and affirmed
by the Division Bench in the Order dated 28.03.2016, this Court is of the clear view that the
case of the petitioners cannot be examined on merits any further and the claim of the
petitioners for settlement of the subject-land is to be given a quietus. In such view of the
matter, the directions sought for to the State respondents to consider the application dated
11.03.2024 and to cancel the earlier allotment/settlement and to allot/settle the land in
favour of the petitioner are found not sustainable and not tenable. Accordingly, the untenable
and unmerited claim of the petitioners for settlement is given the quietus, meaning thereby,
the instant writ petition being bereft of any merits, stands dismissed. There is, however, no
order as to cost.
JUDGE
Comparing Assistant
