Gauhati High Court
Muhik Ahmed Choudhury vs The State Of Assam And 5 Ors on 11 February, 2022
Author: Manash Ranjan Pathak
Bench: Manash Ranjan Pathak
Page No.# 1/4
GAHC010026662022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/913/2022
MUHIK AHMED CHOUDHURY
S/O LATE NAJMUL ISLAM CHOUDHURY, R/O 64, NILBAGAN DEBOSTHAN
ROAD, DEBOSTHAN, DIST-NAGAON, PIN-782481
VERSUS
THE STATE OF ASSAM AND 5 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
OF ASSAM, IRRIGATION DEPARTMENT, DISPUR, GUWAHATI-781006
2:THE ASSISTANT EXECUTIVE ENGINEER
JAMUNAMUK SUB-DIVISION (IRRIGATION)
DABOKA
HOJAI
ASSAM
3:THE DEPUTY COMMISSIONER
HOJAI
ASSAM
4:THE CIRCLE OFFICER
DOBOKA
HOJAI
5:THE BINNAKANDI ANCHALIK PANCHAYAT
DOBOKA
NAGAON
REPRESENTED BY ITS SECRETARY
6:THE BORHAWOR GAON PANCHAYAT
BORHAWOR
HOJAI
Page No.# 2/4
REPRESENTED BY ITS SECRETAR
Advocate for the Petitioner : MR. A K BARUAH
Advocate for the Respondent : SC, IRRIGATION
BEFORE HON'BLE MR. JUSTICE MANASH RANJAN PATHAK 11-02-2022 Heard Mr. A. K. Baruah, learned counsel for the petitioner and Mr. N. Upadhyaya, learned Standing counsel, Irrigation Department of the State for the respondent Nos. 1 & 2. Also heard Mr. B. Deuri, learned Government Advocate, Assam for the respondent Nos. 3 & 4 and Mr. M. Nath, learned Senior Standing counsel, P&RD Department for the respondent Nos. 5 & 6.
It is claimed by the petitioner that the authority of Borhawor Gaon Panchayat under Binnakandi Anchalik Panchayat, Daboka, Hojai allotted the plot of land and trade license to him to run his business at Devasthan Bazar area and further, the concerned authority of Binnakandi Anchalik Panchayat, Daboka allowed him to construct a shop over the said allotted land in the said market.
The Assistant Executive Engineer, Jamunamukh Sub-Division (Irrigation) Daboka, Hojai, Assam, respondent No. 2 issued a notice under No. JMKSD/W-22/404-410 dated 26.11.2021 to the petitioner to vacate his shop from the said land of Devasthan Bazar area on or before 05.12.2021 as the land over which his said shop constructed is on the embankment of 'Jamuna river' belongs to the Irrigation Department. Subsequent to that, the Assistant Executive Engineer, Jamunamukh, Sub-Division (Irrigation) Daboka, Hojai, Assam vide No. JMKSD/W-22/622-636 dated 03.02.2022 issued eviction notice to the petitioner directing him to vacate the land over which the petitioner has constructed his shop leaving minimum 18 feet from the middle portion of the embankment, stating further that failure on his part to vacate the said land, the authorities concerned (Irrigation Department) shall evict him from the said land after expiry of 15 (fifteen) days.
Being aggrieved with such action of the respondents in the Irrigation Department contemplating to evict his shop from his said allotted land of Devasthan Bazar, the petitioner has preferred this writ petition stating that the Irrigation Department illegally issued him such eviction notices on 26.11.2021 and 03.02.2022.
Page No.# 3/4 It is also submitted by the petitioner that on 09.02.2022, he submitted a representation before the Assistant Executive Engineer, Jamunamukh, Irrigation Department, Daboka, Hojai against such eviction notice dated 03.02.2022 which is still pending for consideration.
List this matter on 28.02.2022 enabling the respondents in the Irrigation Department, respondent Nos. 1 & 2 to apprise the Court as to when they have constructed the embankment by the side of 'Jamuna river' near Devasthan Bazar and when the land was settled with the respondents in the Irrigation Department where the present petitioner is having his business establishment.
On the said date, i.e., 28.02.2022, the Deputy Commissioner, Hojai, respondent No. 3 as well as the Circle Officer, Daboka, Hojai, respondent No. 4 shall also apprise the Court as to whether the land over which the petitioner is having his shop at said Devasthan Bazar belongs to the Irrigation Department of the State or the Borhawor Gaon Panchayat.
Further, on the next date so fixed, i.e., 28.02.2022, the authority of Binnakandi Anchalik Panchayat, Daboka, Nagaon, respondent No. 5 and the concerned authority of Borhawor Gaon Panchayat, respondent No. 6 shall apprise the Court as to when the said land over which the petitioner has constructed his shop, was allotted to them by the State Government in the Revenue Department for the said Market.
Petitioner shall serve requisite extra copies of this writ petition including the annexures appended thereto to Mr. Upadhyaya, learned Standing counsel, Irrigation Department of the State; Mr. Deuri, learned Government Advocate, Assam and Mr. Nath, learned Senior Standing counsel, P&RD Department on or before 14.02.2022 obtaining necessary acknowledgment from them in that regard.
Till the next date fixed, i.e., 28.02.2022, the respondents in the irrigation Department shall not take any coercive action against the petitioner in terms of the impugned eviction notice No. JMKSD/W- 22/637-644 dated 03.02.2022 issued by the Assistant Executive Engineer, Irrigation Department, Jamunamukh Sub-Division, Daboka, Hojai respondent No. 2 with regard to eviction of the petitioner from said land where the petitioner has constructed his shop involved in the case.
Copies of this order be furnished to Mr. N. Upadhyaya, learned Standing counsel, Irrigation Department of the State; Mr. B. Deuri, learned Government Advocate, Assam and Mr. M. Nath, learned Senior Standing counsel, P&RD Department for their necessary use.
List accordingly.
JUDGE Page No.# 4/4 Comparing Assistant