Jubeda Begum and 18 Ors. Vs the State of Assam and 5 Ors.

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GAHC010012782022

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2025:GAU-AS:2909

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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)/673/2022

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JUBEDA BEGUM AND 18 ORS.

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W/O- LATE ASHRAF ALI, R/O- WARD NO. 14, MOUZA- LAKHIMPUR, DISTLAKHIMPUR, ASSAM, PIN- 787001

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2: KARNAT HAZARIKA S/O- LATE SAHADEB R/O-WARD NO. 14 MOUZA -LAKHIMPUR DIST-LAKHIMPUR ASSAM PIN- 787001 3: SANGITA NATH W/O- RAJIB NATH R/O- WARD NO. 14 MOUZA -LAKHIMPUR DIST-LAKHIMPUR ASSAM PIN- 787001

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4: MANJUWARA BEGUM WIFE OF- LATE MUSHARIFUR RAHMAN R/O- WARD NO. 14 MOUZA-LAKHIMPUR DIST-LAKHIMPUR ASSAM PIN- 787001 5: ABDUL SAMAD S/O- LATE MATAB ALI R/O- WARD NO. 14 MOUZA-LAKHIMPUR DIST-LAKHIMPUR ASSAM PIN- 787001

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6: MOFIJUR RAHMAN S/O- LATE MAHAMMAD ALI R/O- WARD NO. 14 MOUZA-LAKHIMPUR DIST-LAKHIMPUR ASSAM PIN- 787001 7: REHENA SULTANA W/O- LATE ABDUL RACHID R/O- WARD NO.14 PUB CHANDMARI NORTH LAKHIMPUR DIST-LAKHIMPUR PIN- 787001. 8: FARIDA BEGUM D/O-ALLAUDDIN R/O- WARD NO. 14 MOUZA- LAKHIMPUR DIST-LAKHIMPUR ASSAM PIN- 787001 9: SAHAR BANU D/O- LATE ASHRAF ALI R/O- WARD NO. 14 MOUZA- LAKHIMPUR DIST-LAKHIMPUR ASSAM PIN- 787001 10: ARAB ALI S/O- KADAR ALI R/O- WARD NO. 14 MOUZA- LAKHIMPUR DIST-LAKHIMPUR ASSAM PIN- 787001. 11: JAHAR ALI S/O- IBRAHIM ALI R/O- WARD NO. 14 MOUZA- LAKHIMPUR DIST-LAKHIMPUR ASSAM PIN- 787001.

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12: ANUWARA BEGUM D/O- SAIBUR RAHMAN R/O- WARD NO. 14 MOUZA- LAKHIMPUR DIST-LAKHIMPUR ASSAM PIN- 787001. 13: NOOR ISLAM S/O- LATE AYUB ALI R/O- WARD NO. 14 MOUZA- LAKHIMPUR DIST-LAKHIMPUR ASSAM PIN- 787001. 14: MUHIMUDDIN S/O- LATE PABAN ALI R/O- WARD NO. 14 MOUZA- LAKHIMPUR DIST-LAKHIMPUR ASSAM PIN- 787001.

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15: MD. RAISE MULLA S/O- LATE BAHESH MULLA R/O- WARD NO. 14 MOUZA- LAKHIMPUR DIST-LAKHIMPUR ASSAM PIN- 787001.

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16: BHANU NESSA W/O- LATE USMAN ALI R/O- WARD NO. 14 MOUZA- LAKHIMPUR DIST-LAKHIMPUR ASSAM PIN- 787001. 17: MD. BULBUL ALI (NASIR) S/O- LATE ABDUL QUADIR R/O- WARD NO. 14 MOUZA- LAKHIMPUR DIST-LAKHIMPUR ASSAM PIN- 787001.

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18: MD. JAKIR ALI S/O- AMIRUDDIN R/O- WARD NO. 14 MOUZA- LAKHIMPUR DIST-LAKHIMPUR ASSAM PIN- 787001.

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19: MAHURUDDIN S/O- MD. SIDDIQUE R/O- WARD NO. 14 MOUZA- LAKHIMPUR DIST-LAKHIMPUR ASSAM PIN- 787001

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VERSUS

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THE STATE OF ASSAM AND 5 ORS

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REPRESENTED BY THE COMMISSIONER AND SECRETARY, REVENUE AND DISASTER MANAGEMENT DEPARTMENT, DISPUR, GUWAHATI.

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2:THE DIRECTOR LAND AND REVENUE

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RUPNAGAR PIN- 787001.

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3:THE DEPUTY COMMISSIONER NORTH LAKHIMPUR

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LAKHIMPUR ASSAM PIN- 787001

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4:THE CIRCLE OFFICER

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NORTH LAKHIMPUR REVENUE CIRCLE LAKHIMPUR ASSAM

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PIN- 787001

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5:THE CHAIRMAN / CHAIRPERSON

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NORTH LAKHIMPUR MUNICIPAL BOARD LAKHIMPUR

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ASSAM PIN- 787001

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6:THE EXECUTIVE OFFICER NORTH LAKHIMPUR MUNICIPAL BOARD

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DISTRICT- LAKHIMPUR ASSAM PIN- 787001

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Advocate for the Petitioner : MR. N SARKAR, MR P K BASU,MR N M DEKA

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

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BEFORE

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HON’BLE MR JUSTICE ARUN DEV CHOUDHURY ORDER

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19.03.2025

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Heard Mr. N. N. B. Choudhury, learned counsel for the petitioners and Mr. S. Baruah, learned State Counsel for the respondent No. 4.

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These petitioners earlier approached this Court by filing WP(C) No. 4654/2019 challenging the Eviction Notice dated 30.05.2019 by which they were sought to be evicted for allegedly occupying government reserved land.

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It was a projection of the petitioners in the aforesaid case that the petitioners are occupying the respective plots of land and are in possession of the same for a period between 25 years to 30 years continuously. Considering the matter, the aforesaid writ petition was disposed of by order dated 03.07.2019 with the following directions:-

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“(i) Both the petitioners herein, shall appear before the Circle Officer, North Lakhimpur Revenue CIRCLE, Lakhimpur within a period of 15 days from today

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and the petitioners will file their respective written objection against the eviction notice dated 30.05.2019 issued under Section 18 (2) of the Assam Land & Revenue Regulation, 1886 by producing all the relevant documents to demonstrate their continuous possession over the land in question.

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(ii) The Circle Officer, North Lakhimur, Revenue Circle, Lakhimpur is directed to hear the petitioners and/or their learned counsel on the objections submitted by the petitioners and to pass speaking order in connection with the notice issued under Section 18 (2) of the Assam Land & Revenue Regulation, 1886 and only thereafter, the Circle Officer, North Lakhimpur, Revenue Circle, Lakhimpur will take further steps in the matter.

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(iii) The petitioners are at liberty to apply for and obtain a certified copy and/or true copy of the order passed by the Circle Officer, North Lakhimpur Revenue Circle, Lakhimpur.”

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4. Pursuant to the Court’s earlier order dated 03.07.2019, though the petitioners were called in the office of the Circle Officer, North Lakhimpur Revenue Circle, Lakhimpur on 09.09.2019 at 11:00 am, however, no order or decision was furnished to them and having situated, thus, they sought information in this regard by filing an application under the Right to Information (RTI) Act, 2005, then also the information was not furnished to them. Accordingly, having no alternative, they approached this Court by filing the present writ petition.

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5. An affidavit-in-opposition has been filed by the Circle Officer, North Lakhimpur Revenue Circle, Lakhimpur, respondent No.4 on 27.07.2022. A stand is taken at para 6 of said affidavit that after the direction was issued by this Court under its order dated 03.07.2019, the petitioners appeared before the Circle Officer and had signed objection petition, the concerned Circle Officer heard the applicants and passed an order as per law. However, the Circle Officer has neither annexed any speaking order as directed by this Court with the affidavit nor any statement is made as regards the date of passing of the said order.

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6. While the matter was taken up today, the learned counsel representing the respondent No.4 has produced a copy of the speaking order dated 19.09.2019 in terms of this Court’s order dated 03.07.2019 and has also produced a copy of the communication dated 24.06.2022 addressed to Sri Ratul Talukdar, junior government advocate whereby para-wise comment along with photocopy of the record was furnished by the Deputy Commissioner, North Lakhimpur, Lakhimpur including the speaking order dated 19.09.2019. However, it is not known for what good reason, such order was not annexed with the affidavit even the same was available on the date of filing of the affidavit. The affidavit is also silent as regards the date of passing of speaking order. This kind of conduct in the given case may be treated as suppression of material fact. However, this Court will not proceed further on this aspect as Mr. S.Baruah, learned State counsel submits that it may an unintentional mistake.

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7. Be that as it may, in view of passing of the speaking order dated 19.09.2019, this Court is of the considered opinion that the petitioners, if so aggrieved, are to file a fresh application assailing the aforesaid order dated 19.09.2019 before the appropriate forum. However, the fact remains that they were not made aware of such order till date. Therefore, a copy of the speaking order dated 19.09.2019, which is part of the record and available with Mr.S. Baruah, learned State counsel, be furnished to Mr. Choudhury, learned counsel for the petitioners during the course of the day obtaining due acknowledgment.

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8. Accordingly, the present writ petition stands closed with a liberty to the petitioners to approach the appropriate forum by assailing the order dated 19.09.2019, however, taking note of conduct of the respondent is not disclosing the aforesaid order, it is provided that the petitioners shall not be evicted in pursuance of the order dated 19.09.2019 till the next 90 (ninety) days or till filing of an appropriate application or till consideration of such application that may be filed, whichever is earlier.

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9. Copy of the parawise comment, photocopy of the record be furnished to Mr. S.

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Baruah, learned State counsel.

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JUDGE

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Comparing Assistant

Jubeda Begum and 18 Ors. v. the State of Assam and 5 Ors.

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Jubeda Begum and 18 Ors. v. the State of Assam and 5 Ors.

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