Petitioner asked to prevent eviction from government land pending settlement application. Court directed State not to evict without owing due process under the Assam Land and Revenue Regulation, 1886.
Direction to State authority not to evict petitioner without following due process of law under Assam Land and Revenue Regulation, 1886.
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GAHC010111542022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/3808/2022
PRASEN KONWAR
S/O- NARESWAR KONWAR, R/O- WARD NO. 25, M.G. PATH, HENGRABARI, GUWAHATI-781036, DIST. KAMRUP(M), ASSAM
VERSUS
THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM, REVENUE AND DISASTER MANAGEMENT DEPARTMENT, DISPUR, GUWAHATI-781006.
2:THE DEPUTY SECRETARY GOVERNMENT OF ASSAM REVENUE AND DISASTER MANAGEMENT DEPARTMENT DISPUR GUWAHATI-781006. 3:THE DEPUTY COMMISSIONER KAMRUP(METRO) PANBAZAR GUWAHATI-781001.
4:THE ADDITIONAL DEPUTY COMMISSIONER KAMRUP(M) LAND SETTLEMENT BRANCH PANBAZAR GHY-01. 5:THE CIRCLE OFFICER DISPUR REVENUE CIRCLE BASISTHA GUWAHATI-781029
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Advocate for the Petitioner : MR. T K BHUYAN
Advocate for the Respondent : GA, ASSAM
BEFORE
THE HON’BLE MR. JUSTICE ARUN DEV CHOUDHURY Order
08.06.2022
Heard Mr. TK Bhuyan, learned counsel for the petitioner. Also heard Mr. R Barpujari, learned counsel representing respondent Nos. 1 and 2 and Mr. R Talukdar, learned counsel representing respondent Nos. 3,4 and 5.
The petitioner, who is possessing a plot of land covered by Dag No. 530 of village Hengerabari under Mouza Ulubari of Dispur Revenue Circle, has filed this present writ petition apprehending eviction from the said plot of land as well as from his dwelling houses standing thereon. The case of the petitioner is that though the said plot of land is Government land he has purchased the possessory right from his erstwhile landlord and he has been possessing the same. The petitioner has filed an application for settlement which is pending for consideration before competent Authority.
The learned counsel for the petitioner further submits that as his petition is still pending, he should not be evicted at this point of time.
Mr. Barpujari, learned counsel for the respondents submits that the petitioner cannot claim a right to continue to possess Government land merely because of his application for settlement is pending. However, Mr. Barpujari fairly submits that till date no notice of eviction has been issued to the petitioner and the State will not evict the petitioner without following due process of law.
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In view of such submission and as agreed to by the learned counsels for the parties, this writ petition is disposed of with a direction that the State authority shall not evict the petitioner without following due process of law as provided under Assam Land and Revenue Regulation, 1886. The respondent authority may also consider the application of the petitioner for settlement of the land alongwith the similarly situated persons as per the land policy and as per Law.
With the said observation, this writ petition stands disposed of.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether the petitioner should be evicted from government land while his settlement application is pending.
Whether the State must follow due process of law before evicting a person possessing government land.
1 provisions across 1 enactments
Prasen Konwar
The State of Assam
Arun Dev Choudhury
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
