Disposed

Tripti Rani Das and Anr. v. the State of Assam and 5 Ors.

Gauhati HC10 May 2023WP(C)/2462/2023

Case brief

AI extract

What is this about?

Petitioner couple, landless indigenous people in Assam, sought settlement of land they occupy. Pending their application acknowledged on 19.12.2022 and before a 300-day service promise expires, a notice to vacate was issued. With party consent, the court restrained eviction.

What did the court decide?

Respondents directed not to evict petitioners from the land pending decision on the settlement application.

Tripti Rani Das and Anr. Vs the State of Assam and 5 Ors. — Land Acquisition | Gauhati HC (2023)

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GAHC010094442023

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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)/2462/2023

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TRIPTI RANI DAS AND ANR. W/O- SRI KISHOR RAJBONGSHI, R/O- ABHAYAPURI TOWN, DIST.- BONGAIGAON, ASSAM.

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2: KISHOR RAJBONGSHI S/O- LATE KAMAL RAJBONGSHI R/O- ABHAYAPURI TOWN

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DIST.- BONGAIGAON ASSAM

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VERSUS

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THE STATE OF ASSAM AND 5 ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY, GOVT. OF ASSAM, REVENUE AND DISASTER MANAGEMENT DEPARTMENT, ASSAM SECRETARIAT, DISPUR, GUWAHATI-06.

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2:THE DIRECTOR LAND RECORDS AND SURVEY ETC. ASSAM RUPNAGAR GUWAHATI-32 ASSAM.

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3:THE DEPUTY COMMISSIONER DIST.- BONGAIGAON ASSAM.

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Page No.# 2/3

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4:THE SUB-DIVISIONAL OFFICER (CIVIL) ABHAYAPURI SUB-DIVISION BONGAIGAON DIST.- BONGAIGAON ASSAM. 5:THE CIRCLE OFFICER SRIJANGRAM REVENUE CIRCLE ABHAYAPURI DIST.- BONGAIGAON ASSAM. 6:THE LOT MANDAL SRIJANGRAM REVENUE CIRCLE ABHAYAPURI DIST.- BONGAIGAON ASSAM

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Advocate for the Petitioner : MR. B J MUKHERJEE

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Advocate for the Respondent : SC, REVENUE

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BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

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ORDER

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10.05.2023

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Heard Mr. B.J. Mukherjee, learned counsel for the petitioners, who submits that

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the petitioners are a couple, who are landless and indigenous people of the State of Assam.

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The petitioners counsel submits that the petitioners applied for settlement of the land which they are occupying, vide an online application made on 19.12.2022 in pursuant to the Notification No. RDM-12011(17) dated 11.11.2022, issued by the Govt.

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of Assam, Revenue & D.M. Department, Reforms Branch. The petitioners counsel

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Page No.# 3/3

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submits that the receipt dated 19.12.2022, which was given by the respondents, pursuant to the online application made by the petitioners, states that if the application is accepted by the Revenue and Disaster Management Department, service will be provided within 300 days. He submits that in the meantime, the Circle Officer has issued a notice dated 24.04.2023, directing the petitioners to vacate the Government land which the petitioners are occupying. The petitioners counsel submits that till a decision is taken by the State respondents, with respect to their application for settlement of the land that they are occupying, the notice dated 24.04.2023 should not be acted upon.

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Mr. M. Chetya, learned counsel for the respondent Nos. 3 to 6 and Ms. G. Hazarika, learned counsel for the respondent Nos. 1 & 2 submit that they have got no objection to the prayer made by the petitioners counsel.

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4 In view of the consent of the parties, the respondents are directed not to evict the petitioners from the land that they are in possession of, i.e., Government land measuring 0 Bigha 0 Katha 7 Lessas in Dag No. 81 (part) of Vill/Town, Abhayapuri, Bongaigaon District, Bongaigaon, till a decision is taken on the petitioners application for settlement of land and for which “application acknowledgment” dated 19.12.2022 has been issued (Annexure - 4).

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Writ petition is accordingly disposed of.

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Comparing Assistant

Tripti Rani Das and Anr. v. the State of Assam and 5 Ors.

Case brief

What is this about?

What did the court decide?

Tripti Rani Das and Anr. v. the State of Assam and 5 Ors.

Case brief

What is this about?

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