Disposed

Jagannath Ray and 2 Ors. v. the State of Assam and 2 Ors.

Gauhati HC3 Jan 2022WP(C)/5253/2021

Case brief

AI extract

What is this about?

The Gauhati High Court disposed of a writ petition challenging an order that directed correction of land records without a hearing. The court directed the Deputy Commissioner to dispose of the petitioners' pending representation through a reasoned order after providing an opportunity of hearing within six weeks.

What did the court decide?

Directed the Deputy Commissioner to dispose of the petitioners' representation dated 30.08.2021 by a reasoned order after giving an opportunity of hearing within six weeks.

Jagannath Ray and 2 Ors. Vs the State of Assam and 2 Ors. — Land Acquisition | Gauhati HC (2022)

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GAHC010161082021

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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)/5253/2021

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JAGANNATH RAY AND 2 ORS

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S/O- LT. RAJBALI RAY, R/O- BISHNUPALLI, WARD NO. 18, P.S. HOJAI, PIN782435, DIST.- HOJAI, ASSAM

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2: SURESH PRASAD S/O- LT. HEMNARAYAN PRASAD R/O- BISHNUPALLI WARD NO. 18 P.S. HOJAI PIN- 782435 DIST.- HOJAI ASSAM

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3: NUR MOHAMMAD ANSARI S/O- SAHARAM ANSARI R/O- DAKHIN GOLAGHATIA BASTI WARD NO. 6 P.S. HOJAI PIN- 782435 DIST.- HOJAI ASSA

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VERSUS

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THE STATE OF ASSAM AND 2 ORS

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REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, LAND AND REVENUE DEPTT., DISPUR, GHY-06

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2:THE DY. COMMISSIONER HOJAI ASSAM 3:THE CIRCLE OFFICER HOJAI REVENUE CIRCLE HOJA

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Advocate for the Petitioner : MR D K ROY Advocate for the Respondent : SR. GA, ASSAM

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BEFORE

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HON’BLE MR. JUSTICE MANASH RANJAN PATHAK

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03-01-2022

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Heard Mr. D. K. Roy, learned counsels for the petitioners and Mr. B. J. Talukdar, learned Standing counsel, Revenue and Disaster Management Department for the respondent No. 1. Also heard Mr. K. Goswami, learned Additional Senior Government Advocate, Assam for the respondent Nos. 2 & 3.

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2. Pursuant to the order dated 08.10.2021, Mr. Goswami, learned Additional Senior Government Advocate, Assam has placed the relevant records in original pertaining to the File No. HJRK.12/2018 of the Deputy Commissioner, Hojai, Sankardev Nagar.

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3. It is contended by the petitioners that pursuant to the order dated 15.09.1978 of the SubDivisional Collector, Hemnarayan Prasad, Rajbali Ray and Saharam Ansari, names of late fathers of the petitioners, were incorporated in the Jamabandi pertaining to the land measuring 18 Bighas covered by Dag No. 176 K.P. Patta No. 52 under Revenue Village Golaghatia Basti, Lat No. 4 of Hojai Revenue Circle, District-Hojai as the original pattaders namely, Smt. Shiwkumari, and Sri Ramadhar Tiwari relinquished their rights over the said land.

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4. Further, as per the order dated 28.01.1981 of the Circle Officer, Hojai Revenue Circle, Hojai land measuring 10 Bighas covered by Dag No. 176 K.P. Patta No. 52 under Hojai Revenue Circle was accorded in the name of late father of the petitioner No. 1 in place of Smt. Shiwkumari and Ramadhar Tiwari, as they relinquished their rights over the said land.

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5. Petitioners further contended that their fathers continued to cultivate the said land of Smt. Shiwkumari and Ramadhar Tiwari since long and after the death of their fathers, they are cultivating the said land.

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6. Petitioners are aggrieved by the order under Memo No. HJRK.12/2018/512 (A) dated 18.05.2018 (Annexure-2 to this petition) issued by the Deputy Commissioner, Hojai, Sankardev Nagar, whereby the Circle Officer, Hojai Revenue Circle, Hojai was directed to ‘undo the illegal’ editing made in the Chitha and Jamabandi (both hard and soft copies) pertaining to the land covered by periodic Patta No. 52, Dag No. 176 under Revenue Village Golaghatia Basti, Lot No. 4 of Hojai Revenue Circle issued in favour of (i) Hemnarayan Prasad, son of Bhikhari Prasad, (ii) Rajbali Ray, son of Halitar Ray and (iii) Saharam Ansari, son of Rajmir Ansari, all the three late fathers of the petitioners without

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giving them any opportunity of hearing.

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7. Hence, this writ petition praying for a direction to set aside the impugned order dated 18.05.2018 issued by the Deputy Commissioner, Hojai, Sankardev Nagar (Annexure-2 to this petition).

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8. It is submitted by the petitioners that the Chitha as well as the Jamabandi of said land was duly corrected by the concerned Revenue Circle Officer on 28.01.1982 as well as on 25.03.2007 and that the Deputy Commissioner, Hojai, Sankardev Nagar committed illegality in passing the impugned order dated 18.05.2018 for correction of the names of the original pattaders without giving them any opportunity of hearing.

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9. It is also stated by the petitioners that on coming to know about the impugned order dated 18.05.2018, they on 30.08.2021 submitted representation before the Deputy Commissioner, Hojai, Sankardev Nagar, which is still pending for consideration.

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10. From the records of said File No. HJRK. 12/2018, it is seen that Smt. Shiwkumari, wife of late Nagendra Upadhyaya and Anil Kumar Tiwari, son of late Ramadhar Tiwari being the owners of said land of periodic Patta No. 52 Dag No. 176 in Golaghatia Basti, Lat No. 4 of Hojai Revenue Circle on 17.05.2018 submitted an application before the Deputy Commissioner, Hojai regarding illegal mutation and threat to their lives stating that in their place, the names of Hemnarayan Prasad, son of Bhikhari Prasad; Rajbali Ray, son of Halitar Ray and Saharam Ansari, son of Rajmir Ansari were illegally mutated.

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11. In the said application submitted before the Deputy Commissioner, Hojai on 17.05.2018, the complainants Smt. Shiwkumari and Anil Kumar Tiwari stated that there are some miscreants involved in such illegal activities in the past and acted as land Mafia by illegally mutating the names of the persons in place of original land owners by different means and thereby encroached their land.

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12. After receipt of the complaint, a preliminary enquiry was made by the Deputy Commissioner, Hojai, Sankardev Nagar, wherein the concerned Lot Mandal namely, Md. Abdul Sattar and the Computer Operator, namely, Md. Newaj Alom were heard on 17.05.2018 in presence of Smt. Mridushmita Bora the then Circle Officer of Hojai Revenue Circle and one Pankaj Kumar Deka, erstwhile Circle Officer of Hojai Revenue Circle and it was found that without any order or permission of the concerned Circle Officer of Hojai Revenue Circle, said Lot Mandal of Golaghatia Basti, Lot No. 4 as well as the said Computer Operator corrected the land record pertaining to the land of periodic patta No. 52, Dag No. 176 under Revenue Village Golaghatia Basti, Lot No. 4 of Hojai Revenue Circle in both Chitha and Jamabandi.

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13. Moreover, the record also reveals that the concerned Lot Mandal as well as the Computer Operator failed to place any order or relevant records on the basis of which they had corrected the relevant Chitha as well as the Jamabandi incorporating the names of late fathers of the petitioners.

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14. The record also reveals that the owners of the original pattaders paid land revenue of their said land involved in the case and that the Deputy Commissioner, Hojai, Sankardev Nagar passed the impugned order dated 18.05.2018 after considering all the materials available in the records and on the basis of the complaint of Smt. Shiwkumari and Anil Kumar Tiwari.

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15. The record further reveals that before directing the Circle Officer, Hojai Revenue Circle to correct the Chitha and Jamabandi (both hard and soft copies) with regard to the said land involved in the case, the Deputy Commissioner, Hojai, Sankardev Nagar without giving any opportunity of hearing to the petitioners issued the impugned order dated 18.05.2018.

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16. After hearing the learned counsels for the parties and considering the entire aspects of the matter, this writ petition is disposed of at the motion stage itself directing the Deputy Commissioner, Hojai, Sankardev Nagar to dispose of the representation of the petitioners dated 30.08.2021 by a reasoned order after giving an opportunity of hearing to the petitioners within a period of six weeks from the date of receipt of the certified copy of this order as well as copy of the writ petition including the annexures appended thereto to be submitted by the petitioners which they shall submit forthwith.

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17. The petitioners shall also submit their e-mail addresses/mobile numbers for necessary communication of the order to be passed by the Deputy Commissioner, Hojai, Sankardev Nagar.

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

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19. Return the original records of File No. HJRK.12/2018 of the Deputy Commissioner, Hojai, Sankardev Nagar obtaining necessary acknowledgment.

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JUDGE

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Comparing Assistant

Jagannath Ray and 2 Ors. v. the State of Assam and 2 Ors.

Case brief

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Jagannath Ray and 2 Ors. v. the State of Assam and 2 Ors.

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