Disposed

Ali Hussain v. the State of Assam and 6 Ors.

Gauhati HC4 Aug 2024WP(C)/787/2023

Case brief

AI extract

What is this about?

The Gauhati High Court held that since the petitioner had already been evicted, the writ petition for quashing the eviction order became infructuous. The Court disposed of the petition by directing the authorities to treat the petitioner for rehabilitation under the relevant scheme within six months.

What did the court decide?

Direction to respondents to consider the petitioner's application for rehabilitation under the relevant scheme within six months.

Ali Hussain Vs the State of Assam and 6 Ors. — Environment and Pollution | Gauhati HC (2024)

¶1

Page No.# 1/4

¶2

GAHC010029482023

¶3

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

¶4

Case No. : WP(C)/787/2023

¶5

ALI HUSSAIN SON OF LATE ABDUL MOJID, VILLAGE- GOLIRPAR (BORACHAPORI), P.S.- TEZPUR (RIVER), DISTRICT- SONITPUR, ASSAM.

¶6

VERSUS

¶7

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

¶8

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

¶9

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

¶10

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

¶11

Page No.# 2/4

¶12

PIN- 781037.

¶13

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 SONITPUR P.O.- TEJPUR DIST.- SONITPUR ASSAM PIN- 784001.

¶14

7:THE DIVISIONAL FOREST OFFICER NAGAON WILDLIFE SUB-DIVISION AND DEPUTY DIRECTOR

¶15

KAZIRANGA TIGER PROJECT KATIMARI NAGAON ASSAM PIN- 782002

¶16

Advocate for the Petitioner : MS. D GHOSH, MR I CHAKMA,MR. S. K. CHAKMA

¶17

Advocate for the Respondent : GA, ASSAM, SC, FOREST,SC, REVENUE

¶18

BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR

¶19

ORDER

¶20

Date : 05.08.2024

¶21

Heard Mr. I. Chakma, learned counsel for the petitioners. Also heard Mr. I. Borthakur, learned Standing Counsel for the Forest Department, Mr. S. R. Baruah, learned Govt. Advocate for the State

¶22

Page No.# 3/4

¶23

respondents and Ms. P.R. Mahanta, learned Standing Counsel, Revenue Department appearing for respondent No.5.

¶24

By filing this Writ Petition, the petitioners 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.

¶25

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

¶26

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.

¶27

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 petitioners to file an application before the concerned respondent authority with a prayer for rehabilitation as per the scheme formulated in this connection.

¶28

As and when such application is filed, the concerned authority shall consider the same in accordance with law and after determining as to whether the case of the petitioner is covered under the scheme in question, pass appropriate order(s) thereon within a period of six (6) months from the date of receipt of certified copy of this order.

¶29

With the aforesaid direction and observation, this Writ Petition

Page No.# 4/4

stands disposed of.

JUDGE

Comparing Assistant

Ali Hussain v. the State of Assam and 6 Ors.

Case brief

What is this about?

What did the court decide?

Ali Hussain v. the State of Assam and 6 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Mithlesh Kumar Devedi Vs Union of India and 4 Ors.

Lalsawmliani Vs the State of Assam and 4 Ors.

Dhananjay Das and 9 Ors. Vs the Union of India and 5 Ors.

Shree Shree Santoshi Mata Mandir and 2 Ors. Vs the Union of India and 3 Ors.

Monowar Hussain Vs Dibakar Nath, IAS and Anr.

Jhankar Mal Dudhoria Vs Union of India and Anr.