Gauhati High Court
Fakar Uddin Laskar vs The State Of Assam And 4 Ors on 11 December, 2018
Author: Ujjal Bhuyan
Bench: Ujjal Bhuyan
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GAHC010036772018
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 1127/2018
1:FAKAR UDDIN LASKAR
S/O- LATE TAYUB ALI LASKAR, VILL- CHANDPUR, P.O- CHANDPUR-
788151, DIST- HAILAKANDI, ASSAM
VERSUS
1:THE STATE OF ASSAM AND 4 ORS.
REP. BY THE PRINCIPAL SECRETARY TO THE GOVT OF ASSAM, REVENUE
DEPTT., DISPUR, GUWAHATI- 781006
2:THE DEPUTY COMMISSIONER
HAILAKANDI DIST
P.O- HAILAKANDI-788152
DIST- HAILAKANDI
ASSAM
3:THE DISTRICT AND SESSIONS JUDGE AND SPECIAL JUDGE DESIGNATE
SPECIAL TRIBUNAL
HAILAKANDI DIST
P.O- HAILAKANDI- 788152
DIST- HAILAKANDI
ASSAM
4:THE SERISPORE TEA ESTATE
REP. BY ESTATE
MANAGER SERISPORE TEA ESTATE
P.O- HAILAKANDI- 788151
DIST- HAILAKANDI
ASSAM
5:THE ESTATE MANAGER
SERISPORE TEA ESTATE
P.O- HAILAKANDI-788151
DIST- HAILAKANDI
ASSA
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Advocate for the Petitioner : MR. N DHAR
Advocate for the Respondent : GA, ASSAM
BEFORE
HONOURABLE MR. JUSTICE UJJAL BHUYAN
ORDER
Date : 11-12-2018 Heard Mr. N Dhar, learned counsel for the petitioner and Mr. D Saikia, learned Senior Addl. Advocate General, Assam assisted by Mr. R Borpujari, learned Standing Counsel, Revenue Department.
In terms of order dated 15.11.2018, Sri Rajesh Prasad, Principal Secretary, Revenue and Disaster Management Department; Sri KK Dwivedi, Commissioner and Secretary to the Government of Assam, Personnel (A) Department; Sri U Hazarika, Secretary, Revenue and Disaster Management Department; Sri P Kalita, Joint Legal Remembrancer, Judicial Department; and Smt. Geetanjali Aiyer, Deputy Secretary, Finance Department are present in Court.
Referring to the order dated 15.11.2018 and the meeting held on 12.11.2018, Mr. Saikia, learned Senior Counsel submits that the minutes of the meeting were very loosely recorded. In this connection, an affidavit by Sri Udayan Hazarika, Secretary to the Government of Assam, Revenue and Disaster Management Department has been filed yesterday i.e., on 10.12.2018 which has been perused. In the affidavit, it is stated that a notification dated 26.11.2013 was already issued by the Commissioner and Secretary to the Government of Assam, Revenue and Disaster Management Department designating all District and Sessions Judges/Addl. District and Sessions Judges as Special Tribunals for all the districts in the State of Assam, except the autonomous districts of Karbi Anglong, Dima Haso and BTC.
On a query by the Court, Mr. Saikia, learned Senior Counsel submits that in view of such notification and also the mandate of the Assam Land Grabbing (Prohibition) Act, 2010, there is no requirement of setting up of six Special Tribunals along with staff and Page No.# 3/3 infrastructure since the District Judges and Addl. District Judges have been designated as the Special Tribunals. He further submits that State Government has taken a decision that by 31 st of January, 2019, Special Court i.e., the appellate forum as per requirement of Section 14 of the said Act will be constituted.
Submissions made by Mr. Saikia have been taken note of. In so far notification dated 26.11.2013 is concerned, perhaps, an additional notification may have to be issued because district courts have now been set up in the districts of Karbi Anglong and Dima Hasao. In so far BTC districts are concerned, district courts are functional at Kokrajhar, Chirang, Baksa and Udalguri.
In view of the submissions made, let this petition be called again on 14.02.2019.
Personal appearance of the abovenamed officers are dispensed with.
Interim order passed earlier shall continue.
JUDGE Biplab Comparing Assistant