Disposed

Basistha Krishna Charan @ Bashistha Krishna Charan and Anr. v. the Deputy Commissioner, Karbi Anglong and 4 Ors.

Gauhati HC6 Jan 2022WP(C)/4385/2016

Case brief

AI extract

What is this about?

The Gauhati High Court disposed of a writ petition challenging an executive notice to vacate government land during pendency of a civil title suit. The court directed the petitioners to approach the Civil Court for appropriate remedy.

What did the court decide?

Direction to petitioners to approach the Civil Court within 60 days for redressal of grievances regarding the notice.

Basistha Krishna Charan @ Bashistha Krishna Charan and… — Property and Title | Gauhati HC (2022)

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Page No.# 1/7

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GAHC010021132016

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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)/4385/2016

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BASISTHA KRISHNA CHARAN @ BASHISTHA KRISHNA CHARAN and ANR S/O SRI KANDARPA KRISHA CHARAN

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2: SMT. KHONA DEVI MAZUMDAR W/O SRI DAKESWAR MAZUMDAR BOTH ARE RESIDENTS OF D.C. COLONY OPP. KRISHI BHAWAN DIPHU TOWN WARD NO. 5 MOUZA- JAMUNAPAR P.O. and P.S. DIPHU DIST. KARBI ANGLONG ASSAM

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VERSUS

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THE DEPUTY COMMISSIONER, KARBI ANGLONG and 4 ORS. P.O. and P.S. DIPHU DIST.KARBI ANGLONG, ASSAM.

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2:THE ASSTT. TO THE DEPUTY COMMISSIONER KARBI ANGLONG P.O. and P.S. DIPHU DIST. KARBI ANGLONG ASSAM.

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3:THE NAZIR OFFICER OF THE DEPUTY COMMISSIONER KARBI ANGLONG P.O. and P.S. DIPHU DIST. KARBI ANGLONG ASSAM

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4:SMT. ANGALE H. RENGMA W/O LT.MD. NASIM AHMED R/O THANA ROAD DIPHU TOWN

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Page No.# 2/7

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P.O. and P.S. DIPHU DIST. KARBI ANGLONG ASSAM.

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5:THE KARBI ANGLONG AUTONOMOUS COUNCIL DIPHU REP. BY THE PRINCIPAL SECRETARY K.A.A.C DIPHU

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Advocate for the Petitioner : MR.P C DEY

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Advocate for the Respondent : SC, K A A C

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BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

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ORDER

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Date : 06-01-2022

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Heard Mr. P. C. Dey, learned counsel for the petitioners.

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2. None appears for the respondents although notice was duly served upon respondent No. 4. The respective counsels had earlier accepted notices on behalf of the respondent Nos. 1 to 3.

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3. Considering the fact that this matters pertains to year 2016 and taking note of the issues involved and the prayers made in the writ petition, the matter is taken up for disposal.

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4. The petitioner is a possessor of Government land measuring 1 Katha covered by Dag No. 1002/2227, Periodic Khiraj Patta No. 1100/397 situated at Diphu Town Ward No. 4, Opposite Krishi Bhawan, under Jamunapar Mouza, Diphu, Karbi Anglong. The respondent No. 4 as a plaintiff filed Title Suit being Title Suit No. 03/16 before the Deputy Commissioner, Diphu district, Karbi Anglong, Assam, praying, inter alia, for declaration of title and recovery of possession/eviction of the defendants and recovery for khas possession. At the relevant point in time, since there was no separation of judiciary from the

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executive, the matter was filed in the Court of Assistant to the Deputy Commissioner in the district of Karbi Anglong. Vide order dated 03.06.2016, the Court issued summons to the Assistant Settlement Officer, Assistant Revenue Officer, Revenue Kanangu, Lat Mandal, Survey Officer of the Diphu Circle, Diphu to appear in Court along with full documents. The Court also granted temporary injunction restraining the parties from entering the suit land, description of which was given in the order itself. Pursuant to the said order passed, the Nazir of the Office of the Deputy Commissioner, Karbi Anglong, Diphu issued a notice being notice dated 13.07.2016 directing the defendants, two of whom are before this Court as the petitioners, to vacate the suit land occupied by them on or before 27.07.2016 without fail. The notice further indicated that the suit land will be handed over to the patta holder and the petitioner, namely, Angale Rengma on 28.07.2016 as per Court direction. The schedule of the suit land was also described in the impugned order.

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5. The learned counsel for the petitioners submits that perusal of the notice reveals that the Nazir had issued a direction through the notice which goes beyond the scope of the order passed by the Assistant to the Deputy Commissioner vide order dated 03.06.2016, the notice of which was required to be served by the Nazir in terms of the said order. For convenience the order passed by the Assistant to the Deputy Commissioner is extracted below:-

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“The petitioner and respondents are present with their respective counsels. Heard both sides. Peruse the petition filed by the petitioner.

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Upon hearing both sides and perusal of the petition along with affidavit of the petitioner, this Court is satisfied that the suit land may be dispossessed by the respondents if temporary injunction is not granted and the petitioner will suffer irreparable loss. Hence this Court grant a temporary injunction for restraining the parties from entering into the suit land, full description of the suit land is given below. The Nazir of D.C. Office is directed to execute the order of

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temporary injunction with the help Police and Land Revenue Staff of Diphu Circle, Diphu and in presence of the parties.

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In the meantime issue summons to the Asstt. Settlement Officer and Asstt. Revenue Officer, Revenue Kanango, Lat Mandal, Survey Mandal of Diphu Circle, Diphu to appear in the Court in person with full documents of the suit land on the date fixed. A copy of the order be sent along with the summons. The petitioner shall take steps.

Fix: 10/06/2016

Asstt. to D.C.

Diphu Court

Schedule of the suit land

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The land is measuring 0 bigha, 1(one) katha, 0 lessa covered by dag No.1002/2227 periodic khiraj patta no.1100/397 situated at Diphu Town, ward No. 4 opposite Krishi Bhawan, under Jamunapar Mouza in the district, of Karbi Anglong, Assam Which is bounded by North : PWD Road, South & East : Assam State Housing Quarter and West : land of Smti Kumarika Thoumung”

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6. Pursuant to the said order dated 03.06.2016 passed by the Assistant to the Deputy Commissioner, Karbi Anglong, the Nazir of the office of the Deputy Commissioner, Karbi Anglong, Diphu caused service of the notice dated 13.07.2016. The said notice is impugned in the present proceeding. The contents of notice are extracted as under:-

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“GOVERNMENT OF ASSAM OFFICE OF THE DEPUTY COMMISSIONER, KARBI ANGLONG DISTRICT, DIPHU

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To,

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Shri Basistha Krishna Charan, S/O Shri Kondarpa Krishna Charan, D.C., Colony, Diphu.

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Shri Ritu Baruah @ Maina Baruah, S/O Lt. Benu Bruah, D.C. Colony, Diphu.

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Smti Khona Devi Majumdar, W/O Shri Dakeswar Majumdar, D.C. Colony, Diphu

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Sub :- NOTICE

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Page No.# 5/7

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Ref :- Diphu Court Order Dated 03/06/2016, passed by Shri N.K. Deka Baruah, ACS, Asstt. to Deputy Commissioner, Karbi Anglong, Diphu in Misc. Case No.07/2016, petitioner- Smti Angale Rengma – Vs- Shri Basistha Krishna Charan & Others of Diphu Town.

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As per Court Order Dated 03/06/2016, passed by Shri N.K. Deka Baruah, ACS, Asstt. to Deputy Commissioner, Karbi Anglong, Diphu in connection with Misc. Case No.07/2016, petitioner- Smti Angale Rengma – Vs- Shri Basistha Krishna Charan & Others of Diphu Town, you are hereby inform to vacat the suit land occupied by you on or before 27/07/2016 repeat 27/07/2016 withou fail. The suit land will be handed over to the Patta holder & petitioner Smti Angale Rengma on 28/07/2016 as per Court direction.

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Schedule of the suit land

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North : PWD Road,

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South : Assam State Housing Quarter

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East : Assam State Housing Quarter

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West : Land of Smti Kumarika Thoumung

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Place :- Diphu Date :- 13/07/2016

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Nazir, D.C’s Office Diphu”

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7. This Court is informed that pursuant to 2018, the separation of judiciary from the executive has taken place and presently there are proper judicial courts established and functioning in the district of Karbi Anglong and this matter perhaps has, in the meantime, been referred to the appropriate Judicial Court established in the district of Diphu. The learned counsel, however, has no specific instructions as to the Court in which the matter has been referred to.

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8. Having heard the learned counsel for the petitioner and upon due perusal of the pleadings on record, this Court is of the view that the writ petition can be disposed of with a direction to the petitioners to approach the Civil Court and file necessary applications seeking appropriate remedy regarding the notice issued by the Nazir directing the petitioners to vacate the suit land, when the order dated 03.06.2016 did not issue any such directions.

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9. It is also seen that vide order dated 26.07.2016 passed by this Court, the impugned notice dated 13.07.2016 issued by the Nazir of the Office of the Deputy Commissioner, Karbi Anglong has remain stayed.

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10. Considering the fact that the civil suit is presently pending before the Civil Court in Diphu, this Court is of the view that the matter, the writ petition can be disposed of with a request to the learned Civil Judge before whom the Title Suit No. 03/2016 is pending to expeditiously dispose of the title suit and pass appropriate orders, the petitioner is permitted to approach the Civil Court below for redressal of any grievances as permitted under law.

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11. The petitioner will approach the concerned Civil Court where the Title Suit No. 3/2016 is pending within 60(sixty) days from today and thereupon the Civil Court concerned will pass necessary orders in the matter as expeditiously as possible.

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12. The status quo order dated 26.07.2016 passed by this Court will continue for 60(sixty) days from today as directed above.

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13. Needless to say, any application seeking appropriate remedy as may be filed by the petitioner before the Civil Court, Diphu in respect of the impugned notice dated 13.07.2016 issued by the Nazir, will be addressed

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by the Civil Court in terms of the provisions of the law.

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14. The Writ petition is, accordingly, disposed of.

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Comparing Assistant

Basistha Krishna Charan @ Bashistha Krishna Charan and Anr. v. the Deputy Commissioner, Karbi Anglong and 4 Ors.

Case brief

What is this about?

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Basistha Krishna Charan @ Bashistha Krishna Charan and Anr. v. the Deputy Commissioner, Karbi Anglong and 4 Ors.

Case brief

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