Gauhati High Court
Bhola Bhowmik And 16 Ors vs The State Of Assam And 4 Ors on 25 January, 2019
Author: Kalyan Rai Surana
Bench: Kalyan Rai Surana
Page No.# 1/9
GAHC010011052019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil) 231/2019
1:BHOLA BHOWMIK and 16 ORS,
S/O LT. N ALINI KANTA BHOUMICK R/O DAKHIN GOLAGHATIA BASTI P.O.
HOJAI, DIST. HOJAI PIN - 782435, ASSAM.
2: SRI RATAN PAUL
S/O LT. AMULYA PAUL R/O KRISHNA NAGAR BELTOLA P.O. HOJAI
DIST. HOJAI PIN- 782435
ASSAM.
3: SRI SANTOSH KUMAR VERMA
S/O LT. ACHKHALAL VERMA R/O NEW MARKET NEAR KRISHNA MANDIR
BELTOLA P.O. HOJAI DIST. HOJAI
ASSAM PIN - 782435.
4: SRI VIJOY KUMAR PRASAD
S/O LT. RAMEAKBAL PRASAD R/O KRISHNA NAGAR NEAR HANUMAN
MANDIR P.O. HOJAI DIST. HOJAI
ASSAM PIN - 782435
5: SRI MONORANJAN SAHA
S/O LT. INDRALAL SAHA R/O KALIBARI ROAD
WARD NO. 5
P.O. HOJAI
DIST. HOJAI
ASSAM PIN - 782435.
6: SRI DAYASANKAR THAKUR
S/O RISHIDEVO THAKUR R/O LALPATTY WARD NO. 6
P.O. HOJAI
DIST. HOJAI
ASSAM
PIN - 782435
7: SRI PRADIP CHANDRA DUTTA
Page No.# 2/9
S/O LT. RABINDRA CHANDRA DUTTA R/O THAKURBARI ROAD
KRISHNANAGAR P.O. HOJAI
DIST. HOJAI
ASSAM
PIN - 782435
8: SRI GOBINDA GHOSH
S/O LT. DEBENDRA GHOSH R/O SHIVBARI ROAD
WARD NO. 4
P.O. HOJAI
DIST. HOJAI
ASSAM
PIN - 782435
9: SRI NILIMA BISWAS
W/O LT. KALIPADA BISWAS R/O KRISHNANAGAR
WARD NO. 10
P.O. HOJAI
DIST. HOJAI
ASSAM
PIN - 782435
10: SRI BIPLOB SARKAR
S/O LT RAMESH CHANDRA SARKAR R/O SIVBARI ROAD
P.O. HOJAI
DIST. HOJAI
ASSAM
PIN - 782435
11: SRI BANARASI PASWAN
S/O LT. LALDHARI MISTRI R/O LALPATTY
WARD NO. 6
P.O. HOJAI
DIST. HOJAI
ASSAM
PIN - 782435
12: SRI DINABANDHU DEBNATH
S/O LT. MURARI MOHAN DEBNATH R/O TELIBASTI P.O. HOJAI
DIST. HOJAI
ASSAM
PIN - 782435
13: SRI AJIT KUMR PAUL
S/O LT. AMBARESH CHANDRA PAUL R/O SANTINAGA
GOLAGHATIA BASTI P.O. HOJAI
DIST. HOJAI
ASSAM
Page No.# 3/9
PIN - 782435
14: SRI JAYANTA GHOSH
S/O LT. MONORANJAN GHOSH R/O SIVBARI RAOD
P.O. HOJAI
DIST. HOJAI
ASSAM
PIN - 782435
15: SRI BIJU DUTTA
S/O LT. BINOY DUTTA R/O BANK COLONY BISHNUPALLY P.O. HOJAI
DIST. HOJAI
ASSAM
PIN - 782435
16: SRI RANJIT DUTTA
S/O LT. ASHWINI KUMAR DUTTA R/O GOBINDAPALLY
WARD NO. 8
P.O. HOJAI
DIST. HOJAI
ASSAM
PIN - 782435
17: SRI RAMA SHANKAR SAH
S/O RAJ NARAYAN SAH R/O SHANKARPATTY R.B. LANE P.O. HOJAI
DIST. HOJAI
ASSAM
PIN - 78243
VERSUS
1:THE STATE OF ASSAM and 4 ORS,
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM,
REVENUE DEPARTMENT SETTLEMENT DISPUR, ASSAM.
2:THE SUB-DIVISIONAL OFFICER
DIST. HOJAI
ASSAM.
3:THE CIRCLE OFFICER
HOJAI REVENUE CIRCLE
DIST. HOJAI
ASSAM.
4:THE ESTATE OFFICER
N.F. RAILWAY
LUMDING
DIST. HOJAI
Page No.# 4/9
ASSAM.
5:THE DY. COMMISSIONER
NAGAON
ASSAM
Advocate for the Petitioner : MRS N SAIKIA
Advocate for the Respondent : SC, REVENUE
Linked Case : WP(C) 7121/2015
1:BHOLA BHOUMICK and 16 ORS
S/O LT. N ALINI KANTA BHOUMICK R/O DAKHIN GOLAGHATIA BASTI P.O.
HOJAI
DIST. HOJAI PIN - 782435
ASSAM.
2: SRI RATAN PAUL
S/O LT. AMULYA PAUL R/O KRISHNA NAGAR BELTOLA P.O. HOJAI
DIST. HOJAI PIN- 782435
ASSAM.
3: SRI SANTOSH KUMAR VERMA
S/O LT. ACHKHALAL VERMA R/O NEW MARKET NEAR KRISHNA MANDIR
BELTOLA P.O. HOJAI DIST. HOJAI
ASSAM PIN - 782435.
4: SRI VIJOY KUMAR PRASAD
S/O LT. RAMEAKBAL PRASAD R/O KRISHNA NAGAR NEAR HANUMAN
MANDIR P.O. HOJAI DIST. HOJAI
ASSAM PIN - 782435
5: SRI MONORANJAN SAHA
S/O LT. INDRALAL SAHA R/O KALIBARI ROAD
WARD NO. 5
P.O. HOJAI
DIST. HOJAI
ASSAM PIN - 782435.
6: SRI DAYASANKAR THAKUR
S/O RISHIDEVO THAKUR R/O LALPATTY WARD NO. 6
Page No.# 5/9
P.O. HOJAI
DIST. HOJAI
ASSAM
PIN - 782435
7: SRI PRADIP CHANDRA DUTTA
S/O LT. RABINDRA CHANDRA DUTTA R/O THAKURBARI ROAD
KRISHNANAGAR P.O. HOJAI
DIST. HOJAI
ASSAM
PIN - 782435
8: SRI GOBINDA GHOSH
S/O LT. DEBENDRA GHOSH R/O SHIVBARI ROAD
WARD NO. 4
P.O. HOJAI
DIST. HOJAI
ASSAM
PIN - 782435
9: SRI NILIMA BISWAS
W/O LT. KALIPADA BISWAS R/O KRISHNANAGAR
WARD NO. 10
P.O. HOJAI
DIST. HOJAI
ASSAM
PIN - 782435
10: SRI BIPLOB SARKAR
S/O LT RAMESH CHANDRA SARKAR R/O SIVBARI ROAD
P.O. HOJAI
DIST. HOJAI
ASSAM
PIN - 782435
11: SRI BANARASI PASWAN
S/O LT. LALDHARI MISTRI R/O LALPATTY
WARD NO. 6
P.O. HOJAI
DIST. HOJAI
ASSAM
PIN - 782435
12: SRI DINABANDHU DEBNATH
S/O LT. MURARI MOHAN DEBNATH R/O TELIBASTI P.O. HOJAI
DIST. HOJAI
ASSAM
PIN - 782435
Page No.# 6/9
13: SRI AJIT KUMR PAUL
S/O LT. AMBARESH CHANDRA PAUL R/O SANTINAGA
GOLAGHATIA BASTI P.O. HOJAI
DIST. HOJAI
ASSAM
PIN - 782435
14: SRI JAYANTA GHOSH
S/O LT. MONORANJAN GHOSH R/O SIVBARI RAOD
P.O. HOJAI
DIST. HOJAI
ASSAM
PIN - 782435
15: SRI BIJU DUTTA
S/O LT. BINOY DUTTA R/O BANK COLONY BISHNUPALLY P.O. HOJAI
DIST. HOJAI
ASSAM
PIN - 782435
16: SRI RANJIT DUTTA
S/O LT. ASHWINI KUMAR DUTTA R/O GOBINDAPALLY
WARD NO. 8
P.O. HOJAI
DIST. HOJAI
ASSAM
PIN - 782435
17: SRI SHANKAR SAH
S/O RAJ NARAYAN SAH R/O SHANKARPATTY R.B. LANE P.O. HOJAI
DIST. HOJAI
ASSAM
PIN - 782435
VERSUS
1:THE STATE OF ASSAM and 3 ORS
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
REVENUE DEPARTMENT SETTLEMENT DISPUR
ASSAM.
2:THE SUB-DIVISIONAL OFFICER
DIST. HOJAI
ASSAM.
3:THE CIRCLE OFFICER
HOJAI REVENUE CIRCLE
Page No.# 7/9
DIST. HOJAI
ASSAM.
4:THE ESTATE OFFICER
N.F. RAILWAY
LUMDING
DIST. HOJAI
ASSAM.
5:THE DY. COMMISSIONER
NAGAON
ASSAM.
Advocate for the Petitioner : MS.R MAHANTA
Advocate for the Respondent :
BEFORE
HONOURABLE MR. JUSTICE KALYAN RAI SURANA
ORDER
Date : 25.01.2019 Heard Mr. N. Saikia, learned counsel for the applicants. Also heard Mr. Sarif Ullah, learned counsel appearing on behalf of Dr. B.N. Gogoi, learned standing counsel for the NF Railway, who submits that the standing counsel for the NF Railway is out of station for his medical treatment and is on leave till 30.01.2019. Also heard Mr. B. Deuri, learned Govt. Advocate for the State respondent.
2. By this interim application, the applicants have prayed for stay of eviction by virtue of order dated 28.12.2018, passed by the Estate Officer, NF Railway, Lumding.
3. It is seen that on an earlier occasion, the Estate Officer had issued an eviction notice against the applicants and accordingly, this Court by order dated 23.12.2016, passed in WP(C) 7121/2015 and other connected cases had directed as follows:
"Accordingly, in the interim, it is directed that respondent No.4, the Estate Officer of the NF Railway shall not disturb the possession of the petitioners in Page No.# 8/9 the land and or evict the petitioners from the land, details of which has been stated hereinabove."
4. Thereafter, the Estate Officer had issued another eviction notice on 20.11.2018, which were responded to by the applicants and thereafter, they approached this Court by filing I.A. (C) 4221/2018 and this Court by order dated 18.12.2018, had passed the following order:
"In view of the interim order passed by this Court on 23.12.2016 in I.A.(C) 2276/2016, it is provided that the respondents may go ahead by deciding the matter relating to show cause notice dated 20.11.2018, but the respondent No.4 i.e. Estate Officer, NF Railway shall not disturb the possession of the petitioners in respect of the respective disputed land and/ or evict the petitioners from the said land, the details of which is more fully mentioned in the above referred order dated 23.12.2016 in I.A.(C) 2276/2016."
5. Thereafter, the date of hearing under the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 was fixed on 18.12.2018 and it is projected that on 18.12.2018, the applicants were present before the Estate Officer and had submitted their relevant documents. However, by order dated 28.12.2018, the Estate Officer has recorded that the applicants were absent at the time of hearing on 18.12.2018 and accordingly, ordered their eviction.
6. Having considered the materials on record, this Court is of the prima-facie view that the Estate Officer, NF Railway, Lumding has failed to adhere to the previous order passed by this Court and he is repeatedly issuing eviction notice without complying with the direction of this Court vide order dated 23.12.2016 in the connected writ petition and subsequent order referred hereinabove. Accordingly, this Court is inclined to suspend the impugned order dated 28.12.2018, passed by the Estate Officer, NF Railway, Lumding in the matter of eviction of Sri Bhola Bhowmik and 16 others for their eviction from the land described in Form- B. Page No.# 9/9
7. It is further made clear that this order shall not be a bar for the authorities to decide the core question for determination in the connected writ petition as to whether the land in question actually belongs to the Govt. of Assam or it is a Railway's land as directed by order dated 23.12.2016 mentioned hereinbefore.
8. This interim shall continue till the next date fixed.
9. As the respondents are duly represented by their learned standing counsel/ State counsel, extra copy of this application may be provided to them in course of the day today.
10. List on 11.02.2019.
JUDGE Comparing Assistant