The Gauhati High Court disposed of an interlocutory application seeking interim orders against eviction drives on land in Karbi Anglong, noting that a recent order exempts specific plots from disturbance.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010117602023
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
I.A.(Civil)/1519/2023
NAJMA BEGUM AND 6 ORS. W/O- LATE SALIM AHMED R/O- BALIJAN KHAN BASTI P..S KHATKHATI P.O. KARAGAON LAHORIJAN BLOCK NO. 3 BORJAN MOUZA DIST.- KARBI ANGLONG ASSAM PIN- 782480. 2: MUMTAZ KHAN BEGUM D/O- LATE MANSUR AHMED R/O- BALIJAN KHAN BASTI P..S KHATKHATI P.O. KARAGAON LAHORIJAN BLOCK NO. 3 BORJAN MOUZA DIST.- KARBI ANGLONG ASSAM PIN- 782480. 3: YASHMIN KHAN D/O- LATE MANSUR AHMED R/O- BALIJAN KHAN BASTI P..S KHATKHATI P.O. KARAGAON LAHORIJAN BLOCK NO. 3 BORJAN MOUZA DIST.- KARBI ANGLONG ASSAM
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PIN- 782480.
4: AFTAB UDDIN AHMED S/O- LATE NASIR AHMED R/O- BALIJAN KHAN BASTI P..S KHATKHATI P.O. KARAGAON LAHORIJAN BLOCK NO. 3 BORJAN MOUZA DIST.- KARBI ANGLONG ASSAM PIN- 782480. 5: ALOM AHMED S/O- LATE JAFAR AHMED R/O- BALIJAN KHAN BASTI P..S KHATKHATI P.O. KARAGAON LAHORIJAN BLOCK NO. 3 BORJAN MOUZA DIST.- KARBI ANGLONG ASSAM PIN- 782480. 6: MOON AHMED S/O- LATE JAFAR AHMED R/O- BALIJAN KHAN BASTI P..S KHATKHATI P.O. KARAGAON LAHORIJAN BLOCK NO. 3 BORJAN MOUZA DIST.- KARBI ANGLONG ASSAM PIN- 782480. 7: SANJU ALI S/O- KOYSER JAHAN R/O- BALIJAN KHAN BASTI P..S KHATKHATI P.O. KARAGAON LAHORIJAN BLOCK NO. 3 BORJAN MOUZA DIST.- KARBI ANGLONG ASSAM
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PIN- 782480. VERSUS THE STATE OF ASSAM AND 5 ORS. REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM HOME DEPARTMENT DISPUR GUWAHATI-6 ASSAM 2:KARBI ANGLONG AUTONOMOUS COUNCIL REP. BY THE CHAIRMAN DIPHU KARBI ANGLONG ASSAM PIN- 782460. 3:DEPUTY SECRETARY DEPARTMENT OF REVENUE KARBI ANGLONG AUTONOMOUS COUNCIL DIPHU ASSAM PIN- 782460. 4:THE DEPUTY COMMISSIONER KARBI ANGLONG AUTONOMOUS COUNCIL DIPHU ASSAM 5:REVENUE OFFICER KARBI ANGLONG AUTONOMOUS COUNCIL KARBI ANGLONG ASSAM 6:ASSISTANT SETTLEMENT OFFICER KARBI ANGLONG AUTONOMOUS COUNCIL DIPHU ASSAM -----------Advocate for : MS. S. TODI Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 5 ORS.
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BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
01.06.2023
Heard Mr. G.N. Sahewalla, learned senior counsel assisted by Mr. P. Deka, learned counsel for the applicant; Ms. M. Barman, learned Junior Government Advocate, Assam for the opposite party nos. 1 & 4; and Mr. J. Chutia, learned Standing Counsel, Karbi Anglong Autonomous Council [KAAC] for the opposite party nos. 2, 3, 5 & 6.
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since no eviction drive is contemplated to be undertaken in connection with the plots of land mentioned in the order dated 23.12.2021 passed in the writ petition, W.P.[C] no. 7287/2021, the apprehension of the applicant-petitioner is misplaced as the said plots of land are not part of the proposed eviction drive.
JUDGE
Comparing Assistant
Najma Begum and 6 Ors.
State of Assam and 5 Ors.
Manish Choudhury
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
