Disposed

Aktar Hussain and Anr. v. the State of Assam and 4 Ors.

Gauhati HC1 Mar 2021WP(C)/3375/2020

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition challenging an order referring land transfer cases to the District Development Commissioner. The Court held the DDC had jurisdiction under delegated power and directed him to pass an appropriate order after hearing parties, in view of a Board of Revenue remand.

What did the court decide?

Writ petition disposed of with direction to the District Development Commissioner, Cachar to pass appropriate order after hearing parties

Aktar Hussain and Anr. Vs the State of Assam and 4 Ors. — Land Acquisition | Gauhati HC (2021)

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GAHC010172982020

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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)/3375/2020

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AKTAR HUSSAIN AND ANR. S/O. LT. RASHID UDDIN AHMED R/O. VILL. DAKSHIN KRISHNAPUR P.O. SONABARIGHAT PORGONA BARAKPAR P.S. SILCHAR DIST. CACHAR ASSAM PIN-788013.

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2: MUSLIMA BEGUM LASKAR W/O. FAIZUR RAHMAN LASKAR R/O. VILL. DAKSHIN KRISHNAPUR P.O. SONABARIGHAT PORGONA BARAKPAR P.S. SILCHAR DIST. CACHAR ASSAM PIN-788013. VERSUS

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THE STATE OF ASSAM AND 4 ORS. REP. BY THE DIRECTOR OF REVENUE ASSAM DISPUR GUWAHATI-06.

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2:THE DY. COMMISSIONER

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CACHAR

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DIST. CACHAR ASSAM.

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3:THE DISTRICT DEVELOPMENT COMMISSIONER CACHAR

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SILCHAR.

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4:ADDL. DY. COMMISSIONER

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CACHAR. 5:RABIA KHANAM CHOUDHURY W/O. SADULLA CHOUDHURY VILL. SILCHAR MADHURBOND (DR. MASAHID ALI LANE) P.O. SILCHAR P.S. SILCHAR (SADAR) DIST. CACHAR ASSAM PIN-781001. -----------Advocate for : MR M J QUADIR Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 4 ORS.

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BEFORE

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THE HON’BLE MR. JUSTICE PRASANTA KUMAR DEKA ORDER

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01.03.2021.

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Heard Mr. M. J. Quadir, the learned counsel for the petitioners. Also heard Mr. F. Z. Mazumder, the learned counsel for the private respondent No. 5, Ms. D. D. Barman, the learned Additional Senior Government Advocate, Assam for the respondent Nos. 2, 3 and 4 and Ms. P. S. Deka, the learned Standing Counsel for the Revenue Department, Assam appearing for the respondent No. 1.

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The petitioner No. 1 filed Title Suit No. 193/2019 before the court of learned Civil Judge, No. 1, Cachar at Silchar seeking for declaration of right, title and interest including cancellation of a registered sale deed on the basis of which the defendants therein the said suit claimed their right, title and interest over the disputed land covered by Dag No. 72, 73, 73/768, 73/770 of 2^nd R. S. Patta No. 25 under Dag No. 92 of Patta No. 34 and under Dag No. 93 Patta No. 35 covering an area of 7 Bighas 3 Katha 5 Chottak 11 Gonda of village Barakpar, Mouza- Dakshin Krishnapur in the district of Cachar, Silchar. The private respondent is not a party in the said suit. The petitioner No. 2 also filed another Title Suit No. 154/2018 before the learned Civil Judge No. 1, Cachar, Silchar in respect of land measuring 4 Bigha 16 Katha under the same Dag and Patta Nos. as mentioned in Title Suit No. 193/2019. In one of the Misc. Case No. 102/2018 arising out of Title Suit No. 154/2018 before the learned Civil

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Judge No. 2, Cachar, Silchar, the opposite parties/ defendants in the said suit were restrained from interfering with the peaceful possession of the petitioner No. 1 and 2 by way of an order dated 27.02.2019 under Order XXXIX Rule 1 and 2 read with Section 151 of the CPC. The petitioner No. 2 lodged Silchar PS Case No. 3879/2018 which was registered under Sections 188/447/323/352/354/392/506/34 IPC read with Sections 4/5 of the Assam Land Grabbing Prohibition Act, 2010. As the police did not act on the basis of the said Silchar PS Case No. 3879/2018, the petitioner No. 2 filed WP(C)/2161/2019 which was disposed of on 01.04.2019 passing the following directions:-

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“8. In view of above, Superintendent of Police, Cachar at Silchar, shall forthwith transfer the case record of Silchar P.S. Case No. 3879 of 2018 to be District and Sessions Judge, Cachar at Silchar, who shall, thereafter, assign the case before the Special Tribunal, Cachar at Silchar for expeditious investigation and trial. District and Sessions Judge, Cachar at Silchar shall also transfer the civil suit. i.e. Title Suit No. 154 of 2018 stated to be pending before the Civil Judge No. 2, Cachar at Silchar to the Special Tribunal”.

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In view of the said direction L.G. Case No. 26/2019 was initiated by the Special Tribunal at Silchar wherein the parties to the suit entered appearance. The private respondent No. 5 applied for sale permission in respect of a portion of the land which is the subject matter in the Land Grabbing Case. Land Transfer Case No. LT. 29/2019 was registered upon an objection raised by one Gamal Md. Naguib who is also one of the prospective purchasers of a portion of land being the subject matter of the Land Grabbing Case. On the basis of the said objection notice was issued by the Additional Deputy Commissioner, Cachar at Silchar vide order dated 21.06.2019. It would be pertinent to mention here that vide order dated 21.06.2019, a direction was issued to the Assistant Settlement Officer, Sadar, Silchar not to issue any fresh report till disposal of the objection raised by the Gamal Md. Naguib. The Assistant Settlement Officer, Sadar, Silchar submitted a report to the learned CJM, Cachar at Silchar in Silchar P.S. Case No. 3879/18 referred hereinabove wherein it was opined that the petitioner No. 2 purchased the disputed land on the basis of sale deeds.

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In view of the said opinion of the Assistant Settlement Officer, Sadar, Silchar the petitioners also impleaded themselves in LT Case No. 29/19 raising objection against the application for sale permission by the private respondent No. 5 Rabia Khanam Choudhury.

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The petitioner No. 1 was constrained to approach the Hon’ble Assam Board of Revenue in Case No. 85R(C)/19 under Section 147 read with Section 151 of the Assam Land and Revenue Regulation 1886 against on order passed by the District Development Commissioner, Cachar in another LT Case No. 2/2019. The said appeal was disposed of vide order dated 17.12.2019 directing the Deputy Commissioner, Cachar to take up the mater (objection) raised in LT Case No. 2/2019 and pass an appropriate order after hearing the petition. Till disposal of the said objection, the impugned order therein dated 15.11.2019 was stayed. The petitioner No. 2 had approached the Hon’ble Assam Board of Revenue in Case No. 4RA(C)/19 under Section 147 read with Section 151 of the Assam Land and Revenue Regulation 1886 challenging the order dated 17.12.2019 passed by the District Development Commissioner, Cachar in LT Case No. 29/2019. Vide order dated 25.02.2020, the Hon’ble Chairman of the Assam Board of Revenue remanded the matter to the Deputy Commissioner, Cachar with a direction to dispose of the case on merit. The petitioner No. 2 filed an application under Section 145 of Cr.P.C. upon which the learned District Magistrate vide the preliminary order dated 21.07.2020 attached the portion of the land measuring 4 Bigha 16 Katha under Section 146(1) Cr.P.C. after issuing notice to various persons including the private respondent No. 5. In the meantime, the District Development Commissioner, Cachar took up LT Case No. 29/2019 after the remand by the Hon’ble Assam Revenue Board and vide the impugned order dated 04.08.2020 issued notices to the vendor and objector in the said LT Case No. 29/2019 asking the parties to submit objections supported by documents. The petitioners being aggrieved by the said impugned order dated 04.08.2020 challenged the same on the ground that there was a specific direction by the Hon’ble Assam Board of Revenue to take up both the cases i.e. LT Case No. 2/2019 and 29/2019 by the Deputy Commissioner Silchar only and in clear violation of the said direction, the Deputy Commissioner, Cachar referred the matter for disposal by the District Development Commissioner, Cachar. It is also raised by Mr. Quadir that the District Development Commissioner, Cachar has no jurisdiction to take up the revenue matters including the land transfer cases.

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On the other hand Ms. Barman received the instruction from the Deputy Commissioner, Cachar at Silchar. As per the instruction the Deputy Commissioner, Cachar informed that the District Development Commissioner is one of the Seniormost Revenue Officers in the office of

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the Deputy Commissioner, Cachar who is also entrusted with the works of Land Acquisition and Settlement operation as per the power vested on the Deputy Commissioner under Regulation 130 of the Assam Land Revenue and Regulation. Mr. F. Z. Mazumder, the learned counsel for the private respondent No. 5 objected to the submission made by Mr. Quadir on the ground that the District Development Commissioner, Cachar has jurisdiction to dispose of the said land transfer cases.

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I have given due consideration to the submissions made by the learned counsel. In my considered opinion there is no scope of interference in the impugned order dated 04.08.2020 inasmuch as the District Development Commissioner, Cachar at Silchar is one of the Seniormost Revenue Officer and the said power is delegated by the Deputy Commissioner, Cachar at Silchar under the Regulation 130 of the Assam Land Revenue and Regulation. The submission of Mr. Quadir that there was a specific direction by the Hon’ble Assam Board of Revenue to take up the matter and dispose of both the LT Case No. 2/2019 and 29/2019 by the Deputy Commissioner, Cachar herself requires no consideration at this stage as the petitioners are yet to make their appearance before the District Development Commissioner, Cachar and raise the issue therein as per terms of the direction of the Hon’ble Assam Board of Revenue. In view of the same, this writ petition stands disposed of with a direction to the District Development Commissioner, Cachar to pass appropriate order keeping in view the remand order of the Assam Board of Revenue in LT Case No. 2/2019 and 29/2019. The parties shall appear before the District Development Commissioner and submit the copy of this order and thereafter, the concerned official shall dispose of both LT Case No. 2/2019 and 29/2019 as per the remand order of the Hon’ble Assam Board of Revenue. This writ petition accordingly stands disposed of.

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Interim order if any stands vacated.

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JUDGE

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Comparing Assistant

Aktar Hussain and Anr. v. the State of Assam and 4 Ors.

Case brief

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Aktar Hussain and Anr. v. the State of Assam and 4 Ors.

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