Gauhati High Court
Page No.# 1/4 vs The State Of Assam And 4 Ors on 27 January, 2025
Page No.# 1/4
GAHC010164772021
2025:GAU-AS:799
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/5443/2021
THE JANIA ANCHALIK HIGH SCHOOL AND 3 ORS
JANIA, DIST. BARPETA, ASSAM, REP. BY THE HEAD MASTER OF SAID
SCHOOL, NAMELY AYNAL HAQUE CHOUDHURY
2: AYNAL HAQUE CHOUDHURY
S/O- LT. WAZUDDIN
R/O- SALEKURA
P.O. JANIA
P.S. AND DIST.- BARPETA
ASSAM
3: THE DAPUN TATIYA VIDYALAYA
JANIA
DIST.- BARPETA
ASSAM
REP. BY THE PRINCIPLE OF SAID VIDYALAYA
NAMELY
AFAZ UDDIN AHMED
4: AFAZ UDDIN AHMED
S/O- MOHOR ALI
R/O- VILL- AND P.O. JANAI
IN THE DIST. OF BARPETA
ASSA
VERSUS
THE STATE OF ASSAM AND 4 ORS
REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, REVENUE(S)
DEPTT., DISPUR, GHY-06
2:THE DY. COMMISSIONER
BARPETA DISTRICT
BARPETA
Page No.# 2/4
ASSAM
PIN- 781301
3:THE CIRCLE OFFICER
BAGHBAR REVENUE CIRCLE
MANDIA
DIST.- BARPETA
ASSAM
PIN- 781301
4:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF
ASSAM
SECONDARY EDUCATION DEPARTMENT
DISPUR
GUWAHATI-06.
5:MISSION DIRECTOR
SARVA SIKSHA ABHIJAN
ASSAM
KAHILIPARA
GUWAHATI-19
Advocate for the Petitioner : MR B SINHA, MR. S UPADHAY
Advocate for the Respondent : GA, ASSAM, MR. R MAZUMDAR (SC, SECONDARY EDU.
DEPT, R-4),MR. S BORA (R NO.5),MR K P PATHAK (R NO. 4),SC, REVENUE
BEFORE
HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR
ORDER
Date : 27.01.2025
Heard Mr. B. Sinha, learned counsel for the petitioner. Also heard Ms. G.
Hazarika, learned Standing Counsel appearing for the Revenue and Disaster
Management Department.
2. The petitioner, by way of instituting the present proceeding has presented a
challenge to an Eviction Notice dated 24.09.2021.
Page No.# 3/4
3. Ms. G. Hazarika, learned Standing Counsel submits that the issue involved in
the present proceeding was also in issue in the proceeding of WP(C) No.
2893/2016, wherein, the present petitioner was arrayed as respondent no. 5.
4. The Co-ordinate Bench of this Court, vide the order dated 22.11.2023,
disposed of the said writ petition being WP(C) No. 2893/2016 along with WP(C)
No. 7629/2015, inter alia, interfering with the recommendations as made for
settlement of land in favour of the petitioner, herein.
5. The conclusions and directions passed by the Co-ordinate Bench of this
Court, vide said order dated 22.11.2023, being relevant is extracted herein below:-
"5. From a perusal of the above-quoted Clause-6 as well as its Sub-clauses, it
reveals that the land under the V.G.Rs and P.G.Rs would not further be
decreased by way of de-reservation or allotment etc. except for public
purposes under special circumstances as defined by judicial
pronouncements. In view of the land policy of the Government of Assam,
being the Land Policy, 2019 as well as the judgment rendered by the Hon'ble
Supreme Court in the case of Jagpal Singh (supra), the land in question,
which have been specifically reserved as Village Grazing Reserve, in the
opinion of this Court, cannot be settled in favour of either the petitioners or
the private respondent No. 5. Under such circumstances, this Court is of the
opinion that no writ can be issued directing the respondent authorities to
consider settlement of the land in question in favour of the petitioners. This
Court, therefore, sets aside and quashes the recommendations so made in
favour of the private respondent No. 5 for settlement of the land covered by
Dag No. 632. Be that as it may, this Court, taking into account that the
petitioners herein are the families affected by the erosion of Beki river and
also that the respondent No. 5 is running a school since the year 2000, grants
opportunity to both the petitioners as well as the respondent No. 5 to file
appropriate application to the authority concerned, within a period of 30 days
from today, seeking settlement of other waste land of the Government of
Page No.# 4/4
Assam. This Court further directs the revenue authorities as well as the
Deputy Commissioner, Barpeta, to consider the application(s) to be filed by
the petitioners as well as the respondent No. 5 seeking settlement as per the
Land Policy, 2019 and keeping in view that the petitioners herein are erosion
affected families and the respondent No. 5 is running a school. It is made
clear that if the petitioners as well as the respondent No. 5 file application(s),
within 30 days from today seeking allotment of other waste lands of the
Government of Assam, the petitioners as well as the respondent No. 5 shall
not be evicted from the present occupation till disposal of their applications
for settlement."
6. In view of the above directions passed by the Co-ordinate Bench, this Court is
of the considered view that no further live issue arises for consideration in the
present proceeding; and the issue raised in the present proceeding would be
covered by the directions so passed by the Co-ordinate Bench of this Court, vide
the said order dated 22.11.2023.
7. In view of the above, the present writ petition stands closed.
JUDGE
Comparing Assistant
