Disposed

Anima Hazarika v. the State of Assam

Gauhati HC4 Apr 2018WP(C)/433/2018

Case brief

AI extract

What is this about?

In this writ petition, the petitioner, a tribal landowner, sought permission to sell tribal land to a non-tribal resident. The Deputy Commissioner had neither granted nor rejected the application filed in November 2017. The court directed the authority to dispose of the application under prevailing tribal belt procedures within one month.

What did the court decide?

Writ petition dismissed with a direction to respondent No. 2 to consider the application for sale permission and dispose of the same as per prevailing practice within one month.

Anima Hazarika Vs the State of Assam — Land Acquisition | Gauhati HC (2018)

¶1

Page No.# 1/2

¶2

GAHC010012492018

¶3

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

¶4

Case No. : WP(C) 433/2018

¶5

1:ANIMA HAZARIKA VILL- NA KHOLA, P.O. JAGIROAD, P.S. JAGIROAD, DIST- MORIGAON, ASSAM VERSUS 1:THE STATE OF ASSAM REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, REVENUE DEPTT., DISPUR, GUWAHATI-6 2:THE DEPUTY COMMISSIONER MORIGAON ASSAM 3:THE CIRCLE OFFICER MAYONG REVENUE CIRCLE MORIGAON ASSAM 4:DIBAKAR DEKA VILL- NA KHOLA P.O. AND P.S. JAGIROAD DIST- MORIGAON PIN-78241

¶6

Advocate for the Petitioner : MR H R A CHOUDHURY

¶7

Advocate for the Respondent : GA, ASSAM

¶8

BEFORE

¶9

HON BLE MR. JUSTICE PRASANTA KUMAR DEKA

¶10

ORDER

¶11

Date : 04-04-2018

¶12

Heard Mr. A. Ahmed, learned counsel for the petitioner and Ms. M. Bhattacharjee, learned Additional Senior Govt. Advocate, Assam appearing for the respondent Nos. 1, 2 and 3.

¶13

Page No.# 2/2

¶14

Mr. Ahmed submits that the respondent No. 4 intended to purchase the land purportedly intended to be sold by the petitioner for which requisite permission was applied by the present petitioner. It is submitted by the learned counsel for the petitioner that the present petitioner who as owner of the plot of land measuring 1 (one) Katha covered by Dag No. 428 of KP Patta No. 179 of Village –Na Khola Kissam under Gova Mouza in the District of Morigaon is situated within the tribal belt. The petitioner is from the tribal communitywho is holding possession of the said land and who intends to sell the land to the respondent No. 4, Sri Dibakar Deka who is a non-tribal but a permanent resident of Village –Na Khola Kissam under Gova Mouza in the District of Morigaon. It is the contention of the learned counsel for the present petitioner that the petitioner desires to sell the said land to the respondent No. 4 as she is ailing and requires financial assistance for treatment. The said application for sale permission was filed on 21.11.2017 before the respondent No. 2, the Deputy Commissioner, Morigaon District. Since the date of application, much time has elapsed however, no such permission has been issued, nor was the said application rejected.

¶15

Being aggrieved, the petitioner has come up before this court. The said application for sale permission was filed on 21.11.2017 and the respondents more specifically the respondent No. 2 has the duty cast upon him to pass an order either granting permission or rejecting the prayer. As the respondent No. 2 is the authority to grant sale permission and having not done so, the cause of the petitioner in coming to this court is found to be just.

¶16

Considering the same, this writ petition is disposed of with a direction to the respondent No. 2 to consider the said application for sale permission of the present petitioner and dispose of the same as per the prevailing practice and procedure applicable to the tribal belts within a period of one month from the date of receipt of the certified copy of this order.

¶17

The writ petition is disposed of.

¶18

JUDGE

¶19

Comparing Assistant

Anima Hazarika v. the State of Assam

Case brief

What is this about?

What did the court decide?

Anima Hazarika v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Monoj Kr. Shahni Vs the State of Assam and 7 Ors.

Md. Saddam Hussain Vs the State of Assam and 6 Ors.

Sandeep Agarwalla Vs the State of Assam and Anr.

Sri Raj Narayan Shah and Anr. Vs the Union of India and 6 Ors.

Devi Engineering and Construction Pvt. Ltd. Vs Oil and Natural Gas Corporation Ltd. and 3 Ors. (B)

Md. Muzzamul Haque Vs the State of Assam and 6 Ors.