Gauhati High Court
No.2 Uttar Rangapani Anchalik Bazar ... vs The State Of Assam And 13 Ors on 17 December, 2018
Author: Ujjal Bhuyan
Bench: Ujjal Bhuyan
Page No.# 1/5
GAHC010008502015
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 730/2015
NO.2 UTTAR RANGAPANI ANCHALIK BAZAR COMMITTEE
HEADED BY ITS PRESIDENT ABDUL KHALEK BEPARI, REP. BY BADSHA
ALI DEWAN, S/O- LT. RAIJ UDDIN, R/O - 2 NO. UTTAR RANGAPANI, P.O.-
BADLA BAZAR, P.S.- NAGARBERA, PIN- 781127, DIST.- KAMRUP R, ASSAM.
VERSUS
1:THE STATE OF ASSAM AND 13 ORS
THE SECY. TO THE GOVT. OF ASSAM, GENERAL ADMINISTRATION,
DISPUR, GHY- 6.
2:THE DY. COMMISSIONER
KAMRUP R
AMINGAON
GHY- 31.
3:THE CIRCLE OFFICER
NAGARBERA REVENUE CIRCLE
P.O. and P.S.- NAGARBERA
DIST.- KAMRUP R
ASSAM.
4:MAZNUR RAHMAN
S/O- LT. MASOR ALI
R/O VILL.- 2 NO. UTTAR RANGAPANI
P.O.- BADLA BAZAR
P.S.- NAGARBERA
DIST.- KAMRUP R
ASSAM
PRESIDENT OF ILLEGALLY CONSTITUTED BAZAR COMMITTEE OF 2 NO.
UTTAR RANGAPANI ANCHALIK BAZAR COMMITTEE.
5:ZINAH ABDUL HAI
S/O- LT. MAKUM ALI
Page No.# 2/5
R/O VILL. NO. 1 DAKHIN RANGAPANI
P.O.- BADLA BAZAR
SECY. OF ILLEGALLY CONSTITUTED BAZAR COMMITTEE OF 2 NO.
UTTAR RANPANI ANCHALIK BAZAR COMMITTEE.
6:ABDUR RASHID
S/O- .........
VILL.- 2 NO. TAPARMARI
P.O.- TAPARMARI
DIST.- KAMRUP R
ASSAM
VICE PRESIDENT OF ILLEGALLY CONSTITUTED BAZAR COMMITTEE OF
2 NO. UTTAR RANGAPANI ANCHALIK BAZAR COMMITTEE.
7:ABDUL MOZID
S/O- LT. ABDUL MALEK
R/O- VILL. 2 NO. UTTAR RANGAPANI
P.O.- BADLA BAZAR
P.S.- NAGARBERA
DIST.- KAMRUP R
ASSAM
MEMBER OF ILLEGALLY CONSTITUTED BAZAR COMMITTEE OF 2 NO.
UTTAR RANGAPANI ANCHALIK BAZAR COMMITTEE.
8:JOSHEM UDDIN
S/O- KASHEM ALI
R/O- VILL. 2 NO. UTTAR RANGAPANI
P.O.- BADLA BAZAR
P.S.- NAGARBERA
DIST.- KAMRUP R
ASSAM
ASSTT. SECY. OF ILLEGALLY CONSTITUTED BAZAR COMMITTEE OF 2
NO. UTTAR RANGAPANI ANCHALIK BAZAR COMMITTEE.
9:AZMAL ALI
S/O- LT. AYUB ALI
R/O- VILL. 2 NO. UTTAR RANGAPANI
P.O.- BADLA BAZAR
P.S.- NAGARBERA
DIST.- KAMRUP R
ASSAM
MEMBER OF ILLEGALLY CONSTITUTED BAZAR COMMITTEE OF 2 NO.
UTTAR RANGAPANI ANCHALIK BAZAR COMMITTEE.
10:HAFIZ JAMIR UDDIN
S/O- KALIM UDDIN
R/O VILL. 3 NO. UTTAR RANGAPANI
P.O.- BADLA BAZAR
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P.S.- NAGARBERA
DIST.- KAMRUP R
ASSAM
MEMBER OF ILLEGALLY CONSTITUTED BAZAR COMMITTEE OF 2 NO.
UTTAR RANGAPANI ANCHALIK BAZAR COMMITTEE.
11:ABUL BASER
S/O- LT. SORHAB ALI
R/O- VILL. 3 NO. UTTAR RANGAPANI
P.O.- BADLA BAZAR
P.S.- NAGARBERA
DIST.- KAMRUP R
ASSAM
MEMBER OF ILLEGALLY CONSTITUTED BAZAR COMMITTEE OF 2 NO.
UTTAR RANGAPANI ANCHALIK BAZAR COMMITTEE.
12:ABDUL ROHIM
S/O- ABUL KALAM
R/O- VILL. 2 NO. UTTAR RANGAPANI
P.O.- BADLA BAZAR
P.S.- NAGARBERA
DIST.- KAMRUP R
ASSAM
MEMBER OF ILLEGALLY CONSTITUTED BAZAR COMMITTEE OF 2 NO.
UTTAR RANGAPANI ANCHALIK BAZAR COMMITTEE.
13:MOZIBAR RAHMAN
S/O- LT. MOSHER ALI
R/O- VILL. 2 NO. UTTAR RANGAPANI
P.O.- BADLA BAZAR
P.S.- NAGARBERA
DIST.- KAMRUP R
ASSAM
MEMBER OF ILLEGALLY CONSTITUTED BAZAR COMMITTEE OF 2 NO.
UTTAR RANGAPANI ANCHALIK BAZAR COMMITTEE.
14:HORMUZ ALI
S/O- LT. ROHIM UDDIN
R/O- VILL. 2 NO. UTTAR RANGAPANI
P.O.- BADLA BAZAR
P.S.- NAGARBERA, DIST.- KAMRUP R, ASSAM
MEMBER OF ILLEGALLY CONSTITUTED BAZAR COMMITTEE OF 2 NO.
UTTAR RANGAPANI ANCHALIK BAZAR COMMITTEE
Advocate for the Petitioner : MR.S C BISWAS
Advocate for the Respondent : MR.G SAROWARR-4TO14
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BEFORE
HONOURABLE MR. JUSTICE UJJAL BHUYAN
ORDER
Date : 17-12-2018 Heard Mr. S. C. Biswas, learned counsel for the petitioner and Mr. S. R. Baruah, learned Govt. Advocate, Assam for respondent Nos. 1, 2 & 3. None has appeared for respondent Nos. 4 to 14 though served.
Challenge made in this writ petition is to the communication dated 04.12.2014 issued by the Circle Officer, Nagarbera Revenue Circle and addressed to one Badsha Ali Dewan. It was mentioned therein that the new Secretary of No. 2 Uttar Rangapani Market Managing Committee had filed an application complaining that the old Secretary had not handed over official documents to the new Secretary. Therefore, old Secretary was directed to handover the official documents to the new Secretary at an early date and thereafter to appear before the competent authority on 09.12.2014.
Contention of the petitioner is that No. 2 Uttar Rangapani Anchalik Bazar Committee (Bazar Committee) is a private body represented by Badsha Ali Dewan. They are managing a market in the locality. There is some dispute regarding constitution of the Bazar Committee. Unfortunately, Circle Officer, Nagarbera Revenue Circle got himself entangled in the private dispute and issued the impugned order dated 04.12.2014 which is unwarranted and uncalled for. Circle Officer is not competent to interfere in the private dispute relating to constitution of Bazar Committee.
This Court by order dated 11.02.2015 had issued notice and passed an interim order suspending the consequential communication dated 29.12.2014.
Respondent No. 2 i.e. Deputy Commissioner, Kamrup (R) has filed affidavit through Circle Officer, Nagarbera Revenue Circle. Stand taken in the affidavit is that market of the Bazar Committee is situated on a plot of annual patta land measuring 8 bighas 1 lechas out of which 6 bighas is khas (Government land) and 2 bighas belong to Anchalik Panchayat. Land is not mutated in the name of Badsha Ali Dewan. Dispute as to possession over the said land was Page No.# 5/5 initially tried by Addl. District Magistrate, Kamrup under Section 107 Cr.PC vide Case No. 122 of 2011 which was thereafter transferred to the Executive Magistrate, Amingaon. While the dispute regarding constitution of the Bazar Committee is certainly a private dispute concerning two groups of members, the factum of the Bazar Committee carrying on a market on Government land has however now come to light. Since it is a private dispute, interference by the Circle Officer was not justified. At the same time, petitioner cannot also be allowed to carry on business by organizing market etc on Government land. This aspect was overlooked by the Circle Officer. While it is upto the State to take necessary action in accordance with law regarding illegal possession over Government land, that would not be a good ground of interference by a Government official in the private dispute between the two groups of members of the Bazar Committee.
Considering the above, while the impugned communication is set aside, matter is left to the discretion of the district authorities of Kamrup (R) district to take steps to clear encroachment over Government land.
Writ petition is accordingly disposed of.
JUDGE Comparing Assistant