Disposed

Abdul Khalek v. the State of Assam and 6 Ors.

Gauhati HC4 Apr 2024WP(C)/785/2023

Case brief

AI extract

What is this about?

Writ petition challenged an eviction order issued by the Divisional Forest Officer, Nagaon Wildlife Sub-Division. The petitioner had already been evicted; on joint endorsement by counsel, the court disposed of the petition directing the petitioner to apply for rehabilitation and the authority to consider it in accordance with law within six months.

What the court decided

AI extract

Abdul Khalek Vs the State of Assam and 6 Ors. — Land Acquisition | Gauhati HC (2024)

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Page No.# 1/3

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GAHC010029502023

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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)/785/2023

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ABDUL KHALEK SON OF AIYUB ALI, VILLAGE- GANESH TAPU, P.S.- JURIA, SUB-DIVISION NAGAON, DISTRICT- NAGAON, ASSAM.

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VERSUS

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THE STATE OF ASSAM AND 6 ORS. REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT OF ASSAM, DISPUR, GUWAHATI, ASSAM-06.

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2:THE COMMISSIONER AND SECRETARY GENERAL ADMINISTRATION DEPARTMENT GOVT. OF ASSAM DISPUR GUWAHATI ASSAM-06.

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3:THE COMMISSIONER AND SECRETARY OF THE GOVT. OF ASSAM ENVIRONMENT AND FOREST DEPARTMENT DISPUR GUWAHATI ASSAM-06.

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4:THE PRINCIPAL CHIEF CONSERVATOR OF FOREST FORCE ASSAM ENVIRONMENT AND FOREST DEPARTMENT ARANYA BHAWAN PANJABARI ROAD GUWAHATI ASSAM PIN- 781037.

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Page No.# 2/3

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5:PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM REVENUE AND DISASTER MANAGEMENT DEPARTMENT F BLOCK 1ST FLOOR ASSAM SECRETARIAT (CIVIL) DISPUR GUWAHATI-06. 6:THE DEPUTY COMMISSIONER NAGAON P.O.- NAGAON DIST.- NAGAON ASSAM PIN - 782002.

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7:THE DIVISIONAL FOREST OFFICER NAGAON WILDLIFE SUB-DIVISION AND DEPUTY DIRECTOR KAZIRANGA TIGER PROJECT KATIMARI NAGAON ASSAM PIN- 782002

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Advocate for the Petitioner : MS. D GHOSH

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Advocate for the Respondent : GA, ASSAM

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BEFORE

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HON’BLE MR. JUSTICE KAUSHIK GOSWAMI

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O R D E R

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05.04.2024.

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Mr. S.K. Chakma, learned counsel for the petitioner. Also heard Mr. I. Borthakur, learned Standing Counsel for the Forest Department, Mr. N. Goswami, learned Govt. Advocate for the State respondents and Ms. P.R. Mahanta, learned Standing Counsel, Revenue Department appearing for respondent No.5.

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Page No.# 3/3

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By filing this Writ Petition, the petitioner sought quashing and setting aside the impugned order dated 25.01.2023, issued by the Divisional Forest Officer, Nagaon Wildlife Sub-Division and Deputy Director, Kaziranga Tiger Project, whereby the respondent authorities sought to evict the petitioner.

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It is submitted at the Bar that the petitioner has already been evicted and to that extent, the Writ Petition has become infructuous.

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It is further submitted at the Bar that as regards the prayer of rehabilitation, there is a notification to ensure that such evicted persons are to be rehabilited, subject to certain conditions.

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In view of the aforesaid endorsement made by the respective counsels, this Court is of the considered view that for the ends of justice, the Writ Petition can be disposed of with a direction to the petitioner to file an application before the concerned respondent authority with a prayer for rehabilitation.

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As and when such application is filed, the concerned respondent authority shall consider the same in accordance with law, within a period of six (6) months from the date of receipt of certified copy of this order.

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With the aforesaid direction and observation, this Writ Petition stands disposed of.

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JUDGE

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Comparing Assistant

Abdul Khalek v. the State of Assam and 6 Ors.

Case brief

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What the court decided

Abdul Khalek v. the State of Assam and 6 Ors.

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