Disposed

Mechar Ali Mondal and 3 Ors. v. the State of Assam and 7 Ors.

Gauhati HC28 Apr 2022WP(C)/2566/2022

Case brief

AI extract

What is this about?

The Gauhati High Court disposed of a writ petition filed by landowners whose patta land was included in a proposed riverbed settlement. The Court directed the petitioners to apply for demarcation of their land to clarify title issues before the settlement proceeds.

What did the court decide?

Petitioners directed to apply to Circle Officer for demarcation of patta land within specified time; respondent authorities directed not to operate patta land during process.

Mechar Ali Mondal and 3 Ors. Vs the State of Assam and 7 Ors. — Land Acquisition | Gauhati HC (2022)

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GAHC010070732022

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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)/2566/2022

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MECHAR ALI MONDAL AND 3 ORS

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S/O- LATE MAHAMAD ALI MUNSHI, R/O- SUAPATA PART-IV, P.O. SUAPATA, P.S. BILASIPARA, DIST. DHUBRI, ASSAM, PIN- 783348.

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2: TALEB ALI MONDAL S/O- LATE MAHAMAD ALI MUNSHI R/O- SUAPATA PART-IV P.O. SUAPATA P.S. BILASIPARA DIST. DHUBRI ASSAM PIN- 783348.

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3: CHANDULLA MONDAL S/O- MAJED ALI MONDAL R/O- SUAPATA PART-IV P.O. SUAPATA P.S. BILASIPARA DIST. DHUBRI ASSAM PIN- 783348.

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4: HABIBAR RAHMAN S/O- JURAN ALI R/O- SUAPATA PART-IV P.O. SUAPATA P.S. BILASIPARA DIST. DHUBRI ASSAM PIN- 783348 VERSUS

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THE STATE OF ASSAM AND 7 ORS

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REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, PANCHAYAT AND RURAL DEPARTMENT, DISPUR, GUWAHATI-6, ASSAM

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2:THE DEPUTY COMMISSIONER DHUBRI DIST. DHUBRI PIN- 781019 ASSAM 3:THE CIRCLE OFFICER BILASIPARA REVENUE CIRCLE BILASIPARA DHUBRI PIN- 783348. 4:THE CHIEF EXECUTIVE OFFICER ZILLA PARISHAD DHUBRI PIN- 781019 ASSAM 5:THE BLOCK DEVELOPMENT OFFICER NAYERALGA DEVELOPMENT BLOCK BILASIPARA ASSAM PIN- 783348. 6:THE EXECUTIVE OFFICER NAYERALGA ANCHALIK PANCHAYAT BILASIPARA ASSAM PIN- 783348. 7:THE PRESIDENT NAYERALGA ANCHALIK PANCHAYAT P.S. BILASIPARA DIST. DHUBRI ASSAM PIN- 783348. 8:SOLEMAN SK. S/O- LATE MOZIT ALI VILL.- SUAPATA PT-IV P.O. SUAPATA P.S. BILASIPARA DIST. DHUBRI

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ASSAM PIN- 783348

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Advocate for the Petitioner : MR. S SARMA

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Advocate for the Respondent : GA, ASSAM

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BEFORE

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HON’BLE MR. JUSTICE MANASH RANJAN PATHAK

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28/04/2022

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Heard Mr. S Sarma, learned counsel for the petitioners and Mr. S Dutta, learned Standing counsel, P&RD Department for the respondent Nos. 1, 4, 5, 6 & 7. Also heard Ms. S Sarma, learned Government Advocate, Assam for the respondent Nos. 2 & 3.

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Matter relates to settlement of Kajaikata Part-III (Halua Ghat) under Nayeralga Anchalik Panchayat, Bilasipara. The authorities in the P&RD Department while considering to settle the said Ghat with the respondent No. 8, patta land of the petitioners was also included therein. Earlier the respondent No. 8 preferred WP(C) No. 5669/2021, who was the highest bidder with regard to the NIT issued by the respondent Nayeralga Anchalik Panchayat for settlement of said Ghat. As the matter regarding settlement of the said Ghat pursuant to the NIT could not be finalized, he approached this Court with a prayer to direct the respondent authorities in the Nayeralga Anchalik Panchayat to settle the said Ghat with him.

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In the said WP(C) No. 5669/2021, the present respondent No. 3, the Circle Officer, Bilasipara Revenue Circle, District-Dhubri was the respondent No. 6 and therein the said Officer on 18.12.2021 filed an affidavit, at Paragraph-5 stated as follows:-

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“5. That the matter was taken up by the Hon’ble Court on 03.12.2021 and report as directed by the order dated 15.11.2021, was presented which inter alia states that Kazaikata Pt-III, Halua Ghat under Nayeralga Anchalik Panchayat is situated at present under the Revenue village Suapata Part-IV. Due to change of flowing path of river Gaurang, some portion of land measuring 00 Bigha 01 Katha 06 Lechas covered by Dag No. 242, Patta No. 573 is recorded in the name of Macher Ali Mondal, son of late Mahammad Ali Munshi, land measuring 00 Bigha 01 Katha 15 Lecha covered by Dag No. 243, Patta No. 576 is recorded in the name of Taleb Ali

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Mondal, son of late Mahammad Ali Munshi, land measuring 00 Bigha 01 Katha 03 Lecha covered by Dag No. 244, Patta No. 571 is recorded in the name of Chandula Mondal, son of Majed Ali Mondal. Sometimes erosion is going on the above mentioned dag numbers. One part of Halua Ghat is situated on the above mentioned dag and the other part is Govt. Khas land covered by Dag No. 220.

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Total land measuring 01 Bigha 00 Katha 04 Lecha is used one side of the Ghat. On the other part of Halua Ghat is situated on Govt. Khas land measuring 02 Bigha 01 Katha 10 Lecha covered by Dag No. 220. Approximately land measuring 03 Bigha 01 Katha 14 Lecha is used for Halua Ghat.”

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However, the said WP(C) No. 5669/2021 was disposed of on 11.02.2022 being infructuous. Though, Kajaikata Part-III (Halua Ghat) under Nayeralga Anchalik Panchayat consists of private land measuring (i) 1 Bigha 6 Lechas covered by Dag No. 242 of Patta No. 573, (ii) 1 Katha 15 Lechas covered by Dag No. 243 of Patta No. 576 and (iii) 2 Katha 3 Lechas covered by Dag No. 244 of Patta No. 571 as per the report of the Circle Officer, Bilasipara Revenue Circle, Bilasipara, noted above, but the said patta land is required to be demarcated as those are attached to the Government Khas land.

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After hearing the learned counsels for the parties, this writ petition is disposed of at the motion stage itself directing the petitioners to file appropriate application before the Circle Officer, Bilasipara Revenue Circle, Bilasipara along with a certified copy of this order for demarcation of their patta land at Kajaikata Part-III (Halua Ghat) on or before 17.05.2022, obtaining necessary acknowledgment from the said authority in that regard.

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In the event of filing such application by the petitioners for demarcation of their patta land at Kajaikata Part-III (Halua Ghat), the Circle Officer, Bilasipara Revenue Circle after issuing notice to all concerned, shall demarcate the patta land of the petitioners in accordance with law so that the land of Kajaikata Part-III (Halua Ghat) under Nayeralga Anchalik Panchayat is settled once for all.

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The Circle Officer, Bilasipara Revenue Circle shall complete the entire process of demarcation of patta land of the petitioners within a period of 90 days from the date of receipt of the application to be filed by the petitioners as directed above.

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It is made clear that in the event of filing any such application by the petitioners for demarcation of the patta land of the petitioners within the time as specified above, the respondent authorities shall not operate the said Kajaikata Part-III (Halua Ghat) under Nayeralga Anchalik

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Panchayat over the patta land of the petitioners.

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With the above observation and direction, this writ petition stands disposed of.

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JUDGE

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Comparing Assistant

Mechar Ali Mondal and 3 Ors. v. the State of Assam and 7 Ors.

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Mechar Ali Mondal and 3 Ors. v. the State of Assam and 7 Ors.

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