Gauhati High Court
Smti Anjali Devi And Anr vs The State Of Assam And 3 Ors on 14 March, 2019
Author: Manojit Bhuyan
Bench: Manojit Bhuyan
Page No.# 1/3
GAHC010236262013
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 6491/2013
1:SMTI ANJALI DEVI and ANR.
W/O SRIRAM SINGH
2: BIJAY KR. SINGH
S/O LT. SRIRAM SINGH
BOTH R/O W/O NO.6
NEAR COMMERCE COLLEGE
NORTH LAKHIMPUR
DIST- LAKHIMPUR
ASSA
VERSUS
1:THE STATE OF ASSAM AND 3 ORS
REPRESENTED BY THE SECRETARY, REVENUE DEPARTMENT GOVT. OF
ASSAM, DISPUR, GHY-6
2:THE DY. COMMISSIONER
NORTH LAKHIMPUR
LAKHIMPUR
ASSAM
3:THE ADDL. DY. COMMISSIONER
NORTH LAKHIMPUR
LAKHIMPUR
ASSAM
4:THE ALL ASSAM CHAH MAZDOOR SANGHA
NORTH LAKHIMPUR BRANCH
P.O. NORTH LAKHIMPUR
DIST- LAKHIMPUR
PIN-787001
ASSA
Page No.# 2/3
Advocate for the Petitioner : MRM HALOI
Advocate for the Respondent : MR.B K BHAGAWATI
BEFORE
HONOURABLE MR. JUSTICE MANOJIT BHUYAN
ORDER
Date : 14-03-2019 Admittedly the petitioners were residing on Government land measuring 12 ½ Lechas. An area of 3 Kathas 12 ½ Lechas of the Government land, which includes the land of the petitioners, was allotted in favour of Assam Chah Mazdoor Sangha, North Lakhimpur Branch vide order of the Revenue & Disaster Management Department, Settlement Branch on 12.06.2013. The said allotment was made subject to utilisation of the land for the specific purpose within 3 (three) years, making it clear that on failure thereof the land so allotted would automatically stand cancelled and stand reverted to the Government. Pursuant to the said allotment, handing over and taking over took place on 01.07.2013. In October, 2013 Notice was issued to the petitioners to remove themselves from the land under their occupation on ground that the aforesaid land had been allotted in the name of the Sangha. This Notice was issued purportedly under Rule 18 of the Settlement Rules under the Assam Land and Revenue Regulation, 1886.
Mr. P. Kataki, learned counsel for the petitioners assails the Notice primarily on ground that once the land stood allotted to Assam Chah Mazdoor Sangha and land records corrected accordingly, the said organisation acquired the rights of a Settlement Holder over the parcel of land. The said allotment order, according to Mr. Kataki is a Short Lease within the meaning of Rule 64(b) of the Settlement Rules. Argument made is that if the petitioners are holding over any of the land of a Settlement Holder and having regard to the provisions of Rule 18(1), the State respondent was without power and jurisdiction to issue the Notice of eviction under the Rule 18 of the Settlement Rules for any alleged encroachment over the said land. It is submitted that if any action is to be taken to remove/evict the petitioners from the land in question, the same can only be done by the Assam Chah Mazdoor Sangha by following due course of law i.e. by initiating appropriate proceedings before the competent Court of civil jurisdiction.
Page No.# 3/3 Mr. B.J. Talukdar, learned counsel representing the Revenue Department as well as Mr. B.K. Bhagawati, learned counsel representing the Assam Chah Mazdoor Sangha submits that by no stretch of imagination the allotment order dated 12.06.2013 can be construed to be a Short Lease and/or that the allottee have acquired the status of a Settlement Holder within the meaning of the Settlement Rules. In this regard, prayer is made for listing this matter on any other convenient date to further their contentions above.
As agreed to by the counsels for the parties, list for Hearing again on 04.04.2019.
JUDGE Comparing Assistant