Petitioners challenged denial of allotment for land declared road side reserved. Court found both applications rejected per revenue records, rendering petition infructuous, and directed communication of rejection orders within 30 days.
No allotment to be made. Rejection orders to be communicated within 30 days.
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GAHC010048662023
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1370/2023
NATUN KATHMI BAZAR SAMITY AND ANR
NATUN KATHMI, P.O.-KALATOLI, P.S.-BOKO, DIST-KAMRUP, ASSAM, REPRESENTED BY ITS PRESIDENT SAHED ALI AHMED, AGED ABOUT 52 YEARS, S/O LATE AJGAR ALI, R/O VILL-KANDULIMARI, P.O.-KALATOLI BAZAR, P.S.-CHHAYGAON, DIST-KAMRUP, ASSAM, PIN-781136
2: HASMAT ALI AHMED S/O LATE ABDUL GONI R/O VILL-NATUN KATHMI P.O.-KALATOLI P.S.-BOKO DIST-KAMRUP ASSA
VERSUS
THE STATE OF ASSAM AND 5 ORS
THROUGH THE SECRETARY TO THE GOVERNMENT OF ASSAM, REVENUE AND DISASTER MANAGEMENT DEPARTMENT, DISPUR, GUWAHATI781006
2:THE DEPUTY COMMISSIONER KAMRUP AMINGAON DIST-KAMRUP ASSAM PIN-781031
3:THE BRANCH OFFICER SETTLEMENT BRANCH AND SUB-DIVISIONAL OFFICER (S) KAMRUP AMINGAON
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DIST-KAMRUP ASSAM PIN-781031 4:THE CIRCLE OFFICER CHAMARIA REVENUE CIRCLE VILL AND P.O.-CHAMARIA DIST-KAMRUP ASSAM PIN-781136 5:THE EXECUTIVE OFFICER CHAMARIA ANCHALIK PANCHAYAT VILL AND P.O.-NAGARBERA P.S.-NAGARBERA DIST-KAMRUP ASSAM PIN-781127
6:GOPAL MIA S/O CHANDU MIA R/O VILL-NATUN KATHMI BAZAR P.O.-KALATOLI BAZAR P.S.-BOKO DIST-KAMRUP ASSAM PIN-78113
Advocate for the Petitioner : MR. S C BISWAS
Advocate for the Respondent : SC, REVENUE
BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
Date : 06-11-2023
Heard Mr. S.C. Biswas, learned counsel for the petitioner; Mr. S. Dutta, learned Standing counsel, Revenue Department for the respondent no. 1; Mr. J. Handique, learned Junior Government Advocate, Assam for the respondent nos. 2 – 4; Mr. U. Sharma, learned counsel appearing on behalf of Mr. S. Dutta,
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learned Standing Counsel, Panchayat and Rural Development Department for the respondent no. 5; and Mr. S. Islam, learned counsel for the respondent no. 6.
The petitioner no. 1, Natun Kathmi Bazar Samity [‘the petitioner no. 1 samity’, for short] has stated that it owns and possesses a plot of land measuring 2 Bighas 1 Katha 5 Lessas [2B-1K-5L], covered by Dag no. 269, Village – Natun Kathmi, Mouza – Sontoli, Chamaria Revenue Circle, District – Kamrup [‘the subject-plot no. 1’, for short] and it runs a daily/weekly market thereon in the name and style of Natun Kathmi Bazar. The market named Natun Kathmi Bazar is situated by the side of Chamaria to Sontoli via Kalatoli road. On the north side of the market, Natun Kathmi Bazar, there exists a plot of land belonging to the Government, measuring 3 Kathas 4 Lessas, covered by Dag no. 268 [‘the subject-plot no. 2’, for short], which is adjacent of Dag no. 269. As the subject-plot no. 2 is contiguous and adjacent to subject-plot no. 1, the petitioner no. 1 samity had submitted an application for allotment of the subject-plot no. 2 in its favour. On finding that the respondent no. 6 had also made application for allotment of the subject-plot no. 2, the petitioners including the petitioner no. 1 samity, have approached this Court by the instant wit petition seeking inter alia a direction to the respondent authorities, more particularly, the respondent no. 2 to make allotment of the subject-plot no. 2 in favour of the petitioner no. 1 samity and not in favour of the respondent no. 6 on the premise that the respondent no. 6 already owns sufficient land in his name.
When the writ petition was listed on 24.07.2023, the learned State Counsel was requested to obtain instructions as regards the status of the applications submitted by the petitioner no. 1 samity and the respondent no. 6 in the matter of allotment of the subject-plot no. 2.
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Mr. Handique, learned Junior Government Advocate, Assam has furnished a Communication bearing no. E-25871 LS-11/887/2023-KRS dated 10.08.2023, addressed to him by the Additional District Commissioner, Kamrup, Amingaon. A compliance report is found annexed to the Communication dated 10.08.2023. As per the compliance report submitted by the Circle Officer, Chamaria Revenue Circle, both the applications made by the petitioner no. 1 samity and the respondent no. 6 for allotment of the subject-plot no. 2 have been rejected as the subject-plot no. 2 falls within road side reserved land and is not eligible for settlement.
In view of the rejection of applications of both the petitioner no. 1 samity and the respondent no. 6, the present writ petition is rendered infructuous.
Both Mr. Biswas, learned counsel for the petitioner and Mr. Islam, learned counsel for the respondent no. 6 have submitted that the orders rejecting the applications for allotment submitted by them have not yet been communicated to them. They have submitted that if the order[s] rejecting their applications are communicated to them, they would be at liberty to avail appropriate remedy under the law challenging such order[s] of rejection.
Mr. Handique, learned Junior Government Advocate has submitted that the order[s] rejecting the applications for allotment of the subject-plot no. 2 of the petitioner no. 1 samity and the respondent no. 6 would be duly communicated to them, if not already communicated.
With the observation that the order[s] rejecting the applications for allotment of subject-plot no. 2 by the petitioner no. 1 samity and the respondent no. 6 shall be communicated to them, if not already communicated till date, within a period of 30 [thirty] days from today, the writ petition is closed. As the subject-plot no. 2 is a road side reserved land as per revenue records, there shall not be any
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construction by any of the private parties.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the writ petition maintainable as applications for allotment of road side reserved land were rejected in revenue records.
1 provisions across 1 enactments
Natun Kathmi Bazar Samity and Anr
State of Assam
Deputy Commissioner Kamrup Amingaon
Branch Officer Settlement Branch and Sub-Divisional Officer
Circle Officer Chamaria
Executive Officer Chamari Anchalik Panchayat
Manish Choudhury
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
