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2017 DIGILAW 1080 (GAU)

Bimal Ch. Das v. State of Assam

2017-08-09

ACHINTYA MALLA BUJOR BARUA

body2017
JUDGMENT & ORDER (ORAL) : Heard Mr. A.D. Choudhury, learned counsel for the petitioner and Mr. G. Pegu, learned State Counsel appearing for the State respondents. 2. The petitioners claim themselves to be respectable and well established members of the society where the petitioner No.1 is a Regional Manager of the United Bank of India, petitioner No.2 is the Joint Director of Health Services, Morigaon, Petitioner No.3 is an Officer of United Bank of India and the petitioner No.4 is an officer of Punjab National bank. This writ petition has been preferred by the aforesaid four petitioners on a common cause of action that the respondent No.3 being the Circle Officer, Dispur Revenue Circle is threatening to evict them from their private lands with further threat to demolish the permanent structure and houses that had been built by the petitioners. 3. It is the case of the petitioners that the petitioners had jointly purchased the aforesaid plot of land measuring 2 Bighas out of 12 Bighas 1 Katha and 12 Lechas of Dag No.157 (old) 142 (new) of KP Patta No.19 (Khatian No.41) of village Khanapara under Beltola Mouza of Kamrup district in the year 1973. The said purchase was made by way of a registered Sale Deed No.840 dated 31.01.1973 from the recorded tenant of the aforesaid land namely Sri Bhagiram Kachari. Subsequently, the petitioners had also been allotted the holding number by the Guwahati Municipal Corporation and the required taxes had been paid by the petitioners in the manner it is required to be paid. It is stated that on 24.04.1976, land measuring 85 Bighas 3 Kathas 2 Lechas of Dag No.64, 138, 134, 757, 123, 142, 133, 140, 139, 132, 131 of Patta No.66 was declared to be vested in the Government under the provisions of Section 7(4) of the Assam Fixation of Ceiling on Land Holding Act, 1956. But it is the case of the petitioners that although the said land was declared to be vested in the Government, the Government never took possession of the same. In the aforesaid circumstances, the State Government authorities are of the view that the lands occupied by the petitioners are Government land and therefore, the eviction of the petitioners from the same is justified. 4. In the aforesaid circumstances, the State Government authorities are of the view that the lands occupied by the petitioners are Government land and therefore, the eviction of the petitioners from the same is justified. 4. Without going into the merit nor offering any view on the legal rights of the petitioners over the said land, it is also noticed that in para-20 of the writ petition, a statement had been made that the aforesaid eviction process had been initiated by the State respondent authorities without serving any notices to the petitioners as required under the law. 6. It is an admitted position of law that no one can be evicted from any land without following the due procedure of law i.e. in the event the respondent authorities are of the view that the land in question is a Government land, the requirement of Section 18(2) of the Assam Land and Revenue Regulation Act 1886 read with other relevant provisions have to be followed. 7. In such view of the matter, this writ petition is disposed of by providing that the petitioners shall not be evicted from the aforesaid land in question without following the due procedure of law meaning thereby without issuing a notice u/s 18(2) of the Assam Land and Revenue Regulation Act, 1886. In the event, any such notice is issued, the petitioners shall be at liberty to take a stand that they have some kind of a legal right as aforesaid over the land and upon such stand being taken, the respondent authorities shall consider and adjudicate the same. 8. Accordingly, it is provided that the State respondent authorities may issue the required notice upon the petitioners within a period of one month from today. In terms of the above, the writ petition stands disposed of.