A petitioner claiming possession of dereserved government land prayed for allotment and protection against eviction. The court held no indefeasible right accrued for allotment, though eviction requires due process.
Writ petition disposed; no indefeasible right for allotment; eviction barring due process is prohibited.
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GAHC010012812017
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/874/2017
TARAWATI KUTUM
W/O. RAJIB KHAN, VILL. BALIGAON, P.O. and P.S. DHAKUAKHANA, DIST. LAKHIMPUR, ASSAM, PIN-787055.
VERSUS
THE STATE OF ASSAM and 5 ORS. REP. BY THE COMM. and SECY. TO THE GOVT. OF ASSAM, REVENUE DEPTT., DISPUR, GHY.-781006.
LAKHIMPUR DIST. LAKHIMPUR ASSAM PIN-787055.
LAKHIMPUR DIST. LAKHIMPUR ASSAM PIN-787055.
4:THE SUB DIVISIONAL OFFICER CIVIL DHAKUAKHANA REVENUE CIRCLE DIST. LAKHIMPUR ASSAM PIN-787055.
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DHAKUAKHANA REVENUE CIECLE DIST. LAKHIMPUR ASSAM PIN-787055.
6:THE OFFICER IN CHARGE
DHAKUAKHANA POLICE STATION DIST. LAKHIMPUR ASSAM PIN-787055
Advocate for the Petitioner : MR.M BHAGABATI
Advocate for the Respondent :
BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
ORDER
02.01.2023
Heard Shri M Bhagabati, learned counsel for the petitioner. Also heard Shri N Goswami, learned State Counsel, Assam, who has also filed an affidavit-in-opposition through the respondent no. 4.
2. The case of the petitioner is that she is in possession of a plot of land since 1980 and has filed this petition praying for not to evict her from the said plot of land over which a residential house also exist. The said plot measures 15 lechas and is in Dag No. 818 of Huj Map of river Charikuria under Dhakuakhana Revenue Circle in the district of Lakhimpur. The petitioner claims to be belonging to the Mising community and the land in question is a dereserved land for which the petitioner has also prayed for allotment. The petitioner contends that though similar plots of land have been allotted by providing myadi patta, the petitioner has not been given of such benefit of allotment and on the other hand, there is an apprehension of her eviction.
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3. Shri Bhagabati, learned counsel for the petitioner submits that taking into consideration the length of possession of the plot of land along with the fact that the residence of the petitioner is also there, appropriate orders may be passed for consideration of the prayer of the petitioner for allotment, as has been done to similarly situated persons.
4. On the other hand, Shri Goswami, learned State Counsel by referring to the affidavit filed by the respondent no. 4 on 01.10.2022 has submitted that the land in question is required for protecting the embankment of river Charikuria. He further submits that this Court vide order dated 15.02.2017 had observed that no eviction be taken without following the due process of law and the said interim order was extended vide order dated 20.02.2017.
5. After hearing the parties and on perusal of the records, this Court has noticed that the land in question is a Government land which is required for protection of the embankment of Charikuria river. The mere allegation that certain lands have been allotted to similarly situated persons would not give an indefeasible right to the petitioner, as Article 14 is a positive concept.
JUDGE
Comparing Assistant
3 issues framed by the court
Whether the petitioner has an indefeasible right to allotment of the government land.
Whether the petitioner can be evicted without following the due process of law.
Whether apprehension of eviction can grant indefeasible rights to allotment.
TARAWATI KUTUM
THE STATE OF ASSAM
THE DY. COMMISSIONER
THE SUPDT. OF POLICE
THE SUB DIVISIONAL OFFICER
THE CIRCLE OFFICER
SANJAY KUMAR MEDHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
