Dismissed¶¶28

Haji Abdul Kayum Barbhuyan @ Abdul Kayam Borbhuyan v. the State of Assam and 2 Ors.

Gauhati HC3 Aug 2025WP(C)/5731/2018

Case brief

AI extract

What is this about?

Gauhati High Court; WP(C)/5731/2018; linked WP(C)/5665/2018; Haji Abdul Kayum Barbhuyan @ Abdul Kayam Borbhuyan; Muktadir Hussain Barbhuyan; State of Assam; Irrigation Department; Chief Engineer; Executive Engineer, Jamuna Commanded Area Development Division, Hojai; land donated not acquired; pump house; link irrigation canal; claim for compensation; claim for arrear salaries as pump house operator; no appointment records; no prima facie case; dismissal for non-prosecution; no representation on second call; Justice N. Unni Krishnan Nair; order dated 04.08.2025; Hojai district, Assam.

What did the court decide?

In view of the respondents' counsel's submissions, the Court found that the petitioners had failed to make out a prima facie case requiring the interference of this Court in the matter. ¶¶26

Haji Abdul Kayum Barbhuyan @ Abdul Kayam Borbhuyan Vs the State of Assam and 2 Ors. — Gauhati HC (2025) — LawSathi Research

Page No.# 1/4

GAHC010175522018

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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)/5731/2018

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HAJI ABDUL KAYUM BARBHUYAN @ ABDUL KAYAM BORBHUYAN SON OF LATE TAZMUL ALI, RESIDENT OF PUB JAMUNA GAON, MOUZA NAMATI, P.S. MURAJHAR, P.O. AMBARI, DISTRICT- HOJAI, ASSAM, PIN782445

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VERSUS

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THE STATE OF ASSAM AND 2 ORS.

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REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, IRRIGATION DEPARTMENT, DISPUR, GUWAHATI- 781006.

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2:THE CHIEF ENGINEER

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IRRIGATION DEPARTMENT ASSAM CHANDMARI GUWAHATI- 781003.

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3:THE EXECUTIVE ENGINEER

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JAMMUNA COMMANDED AREA DEVELOPMENT DIVISION (IRRIGATION) HOJAI ASSAM PIN- 782435

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Advocate for the Petitioner : MR. S S S RAHMAN, MR. S B RAHMAN,MR. M R SODIAL

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Advocate for the Respondent : SC, IRRIGATION,

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Page No.# 2/4

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Linked Case : WP(C)/5665/2018 MUKTADIR HUSSAIN BARBHUYAN S/O- HAZI ABDUL KAYAM BARBHUYAN R/O- PUB JAMUNA GAON MOUZA NAMATI PS MURAJHAR PO AMBARI DIST- HOJAI ASSAM PIN- 782445 VERSUS THE STATE OF ASSAM AND 2 ORS. REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM IRRIGATION DEPTT. DISPUR GHY-6 2:THE CHIEF ENGINEER IRRIGATION DEPTT. ASSAM CHANDMARI GHY-3 3:THE EXECUTIVE ENGINEER JAMMUNA COMMANDED AREA DEVELOPMENT DIVISION (IRRIGATION) HOJAI ASSAM PIN- 782435 -----------Advocate for : MR. S S S RAHMAN Advocate for : SC IRRIGATION appearing for THE STATE OF ASSAM AND 2 ORS.

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Page No.# 3/4

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BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER

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Date : 04.08.2025

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None appears for the petitioners even on second call. Accordingly, Mr. N. Upadhyay, learned counsel for the respondents is present.

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2. Mr. N. Upadhyay, learned counsel, on instruction submits that the land in question was not acquired by the departmental authorities but was donated by the petitioner in WP(C).No.5731/2018, for the purpose of a setting up of a pump house and as well as for link irrigation cannel over the said land.

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3. He submits that the petitioner in WP(C).No.5731/2018, having donated the land, he would not be entitled to claim compensation for any loss purportedly occasioning on account of setting up of the pump house and link irrigation cannel over his land, inasmuch as, the same upon such donation being made, he cannot be deemed to be the owner of the said land.

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4. In so far as the petitioner in WP(C).No.5665/2018, is concerned, Mr. N. Upadhyay, learned counsel, has contended that the said petitioner was never appointed as a pump house operator and accordingly, his claim for being released arrear salaries could not mandate acceptance.

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5. Mr. N. Upadhyay, learned counsel, has further submitted that the petitioner in WP(C).No.5665/2018, was never released any wages for working as a pump house operator by the departmental authorities inasmuch as no records in this connection is available with the respondents.

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6. In view of the above submissions, it is clear that the petitioners have failed to make out a prima facie case requiring the interference of this Court in the matter. However, as there is no representation on behalf of the petitioners, this Court

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Page No.# 4/4

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proceeds to dismiss the above noted writ petitions for non-prosecution.

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JUDGE

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Comparing Assistant

Haji Abdul Kayum Barbhuyan @ Abdul Kayam Borbhuyan v. the State of Assam and 2 Ors.

Case brief

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Haji Abdul Kayum Barbhuyan @ Abdul Kayam Borbhuyan v. the State of Assam and 2 Ors.

Case brief

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What the court decided

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