Disposed

Soburuddin Ahmed and 11 Ors. v. the State of Assam and 5 Ors.

Gauhati HC1 Nov 2018WP(C)/5837/2018

Case brief

AI extract

What is this about?

Writ petition challenging the eviction from land allegedly allotted by a Sub-Divisional Officer. Petitioners were evicted before judgment. Court directed Revenue Department to issue strict guidelines, identified the officer, and disposed of the petition without further proceedings on merit.

What did the court decide?

Directing the Revenue Department to issue strict guidelines to prevent indiscriminate allotment of government land and to inform the concerned official.

Soburuddin Ahmed and 11 Ors. Vs the State of Assam and 5 Ors. — Land Acquisition | Gauhati HC (2018)

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GAHC010186562018

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

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Case No. : WP(C) 5837/2018

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1:SOBURUDDIN AHMED AND 11 ORS.

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S/O JURAN ALI, VILL- SONTOSHPUR, P.S. CHAPAR, DIST- DHUBRI, ASSAM, PIN- 783348.

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2: BUL MAJAM SK S/O. LATE ABDUL HAKIM VILL- SONTOSHPUR P.S. CHAPAR DIST.- DHUBRI ASSAM PIN- 783348.

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3: BAHAJ ALI

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S/O. LATE ABBAS ALI VILL- SONTOSHPUR P.S. CHAPAR DIST.- DHUBRI ASSAM PIN- 783348.

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4: MOHAR ALI S/O. LATE ABUL HUSSAIN VILL- SONTOSHPUR P.S. CHAPAR DIST.- DHUBRI ASSAM PIN- 783348.

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5: MD. ABDUL HAI S/O. LATE DELMAHMUD

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VILL- SONTOSHPUR P.S. CHAPAR DIST.- DHUBRI ASSAM PIN- 783348.

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6: AYNAL HOQUE S/O. SHAFALU SK. VILL- SONTOSHPUR P.S. CHAPAR DIST.- DHUBRI ASSAM PIN- 783348.

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7: MD. ABED ALI S/O. LATE MONTAJ ALI VILL- SONTOSHPUR P.S. CHAPAR DIST.- DHUBRI ASSAM PIN- 783348.

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8: MD. RAHAM ALI S/O. LATE JALU SK VILL- SONTOSHPUR P.S. CHAPAR DIST.- DHUBRI ASSAM PIN- 783348.

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9: ABU SAMA S/O. RAHMAT ALI VILL- SONTOSHPUR P.S. CHAPAR DIST.- DHUBRI ASSAM PIN- 783348.

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10: ABDUL AZIZ S/O. LATE DANESH TALUKDAR VILL- SONTOSHPUR P.S. CHAPAR DIST.- DHUBRI

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ASSAM PIN- 783348.

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11: FOYJAL HOQUE S/O. LATE ABDUL REJJAK VILL- SONTOSHPUR P.S. CHAPAR DIST.- DHUBRI ASSAM PIN- 783348.

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12: MD. RUSTAM ALI S/O. LATE LAKKHAN ALI VILL- SONTOSHPUR P.S. CHAPAR DIST.- DHUBRI ASSAM PIN- 783348

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VERSUS

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1:THE STATE OF ASSAM AND 5 ORS.

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REP. BY THE COMMISSIONER AND SECRETARY, GOVT. OF ASSAM, REVENUE (SETTLEMENT) DEPTT., DISPUR, GUWAHATI-6.

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2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM RELIEF AND REHABILITATION DEPTT. ASSAM DISPUR GUWAHATI-6.

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3:THE DIRECTOR OF LAND RECORDS AND REVENUE DEPARTMENT RUPNAGAR BHANGAGHAR GUWAHATI-05.

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4:THE DEPUTY COMMISSIONER DHUBRI DIST.- DHUBRI ASSAM PIN- 783301.

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5:THE SUB-DIVISIONAL OFFICER (CIVIL)

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BILASIPARA SUB-DIVISION BILASIPARA DHUBRI ASSAM PIN- 783348.

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6:THE CIRCLE OFFICER CHAPAR REVENUE CIRCLE DIST.- DHUBRI ASSAM PIN- 783301

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Advocate for the Petitioner : MR. J AHMED

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Advocate for the Respondent : MR. T C CHUTIA (GA, ASSAM)

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BEFORE HONOURABLE MR. JUSTICE UJJAL BHUYAN

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ORDER

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Date : 01-11-2018

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Heard Mr R A Ahmed, learned counsel for the petitioner; Mr P S Deka, learned Standing Counsel, Revenue Department and Mr T C Chutia, learned Government Advocate, Assam.

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Twelve petitioners have joined together and have instituted the present common proceeding with the prayer that the respondents may be directed not to evict the petitioners from the respective plots of land, where they are residing.

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On 29.08.2018, the following order was passed:-

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“ Petitioners claim that they were allotted land by the Sub-Divisional Officer (Civil), Bilasipara, by various allotment letters dated 21.08.2007. They are now before the Court apprehending eviction by the Circle Officer.

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Mr Deka, learned Standing Counsel submits that there is no provision in the Assam Land and Revenue Regulations, 1886 as well as in the Settlement Rules framed thereunder for such allotment of land.

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He shall inform the Court on the next date, the particulars of the Sub-Divisional Officer

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(Civil), Bilasipara, who had issued such allotment orders.

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Commissioner and Secretary to the Government of Assam, Personnel Department shall assist Ms Deka to identify the officer concerned and place the same before the Court on the next date.”

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Thereafter, on 13.09.2018, learned counsel for the petitioners submitted that petitioners had been evicted and, therefore, they would not like to press the writ petition. However, Court took the view that though the matter may not be proceeded on merit, but having regard to the tone and tenor of the order dated 29.08.2018, Court would like to proceed on the limited aspect.

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In the proceeding held on 27.09.2018, it was recorded as under:-

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“Mr. Deka, learned Standing Counsel, Revenue Department submits on written instruction that at the time of issuance of the allotment certificate bearing Serial No.418, Shri Hemen Das, ACS was the Sub-Divisional Officer (Civil) of Bilasipara and as per Government notification presently he is working as Deputy Commissioner, Morigaon. The indiscretion on the part of the then Sub-Divisional Officer (Civil), Bilasipara in issuing the allotment letters on 21.08.2007 was serious. A Government official cannot issue allotment letters indiscriminately allotting Government land to all and sundry. This aspect of the matter should be brought to the notice of the controlling department, i.e., Personal Department.

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Let the Commissioner and Secretary to the Govt. of Assam, Personal Department respond to the above. A copy of this order be furnished to Mr. T.C. Chutia, learned Govt. Advocate, Assam for information to the Commissioner and Secretary to the Govt. of Assam, Personal Department who shall thereafter submit his response before the Court through Mr. Chutia.

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List on 01.11.2018 showing the names of Mr. P.S. Deka, learned Standing Counsel, Revenue Department and Mr. T.C. Chutia, learned Govt. Advocate, Assam.”

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Today, when the matter is called upon, Mr Chutia submits that though he had informed the Personnel Department, he has not received any communication in return.

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Be that as it may, having regard to the fact that petitioners have already been evicted and they do not want to press the writ petition, Court may not like to proceed further in the matter. However, having noticed what had happened, Court is of the view that Revenue Department, Government of Assam may issue strict guidelines/instructions to all the revenue officials to the effect that Government land cannot be allotted or distributed in such an indiscriminate manner without following Government guidelines and policies. In so far the present case is concerned, Sub-Divisional Officer (Civil), Bilasipara, who had illegally allotted land to the petitioners has been identified as Sri Hemen Das, ACS and as noted in the order dated 27.09.2018, he is presently working as Deputy Commissioner, Morigaon. Personnel

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Department should bring this aspect to the notice of the said official and ensure that such indiscretions should not be committed in future.

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With the above observations, writ petition is disposed of.

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Let a copy of this order be forwarded to the office of the Advocate General, Assam and Chief Secretary to the Government of Assam, for doing the needful.

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JUDGE

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Comparing Assistant

Soburuddin Ahmed and 11 Ors. v. the State of Assam and 5 Ors.

Case brief

What is this about?

What did the court decide?

Soburuddin Ahmed and 11 Ors. v. the State of Assam and 5 Ors.

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

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