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2022 DIGILAW 967 (GAU)

Purbanchal Cement Ltd. And Anr. , Represented By Its Director, Shri Dhan Dey v. State Of Assam

2022-09-06

ACHINTYA MALLA BUJOR BARUA

body2022
JUDGMENT : 1. Heard Mr. S.P. Roy, learned counsel for the petitioner. Also heard Mr. R Borpujari, learned counsel for the respondent no. 1 being the authorities under the Revenue Department, Government of Assam, Mr. B J Talukdar, learned senior counsel for the respondent no. 2 being the Circle Officer, Sonapur Revenue Circle and Mr. N.N. B Choudhury, learned counsel for the respondent no. 3. Mansing Rongpee. 2. The respondent no. 3 Mansing Rongpee who belongs to the Karbi community which is a recognized Scheduled Tribe in the State of Assam informed the All Bodo Students Union, Dimoria Anchalik Committee raising the grievance that the writ petitioner which comprises of persons who do not belong to the category of backward classes, as contemplated under Chapter 10 of the Assam Land Revenue Regulation, 1886 had procured the land within the restricted tribal belt area. The All Bodo Students Union in response thereof by their representation dated 07.07.2021 made to the Deputy Commissioner, Kamrup(M) stated that the petitioner M/S Purbanchal Cement Private Limited had purchased a plot of land, described in the schedule provided therein, which falls within the tribal belt, from one Dhiren Bora. Accordingly, the Deputy Commissioner was requested to look into the matter. 3. The representation of the All Bodo Students Union also provided that the land was purchased by Sri Mansing Rongpee, S/O Makachu Rongpee, resident of Village Nogaon in the district Nagaon vide registered Deed No. 9447, Sl No. 14337 dated 30.12.2000 but it later came to the knowledge of Mansing Rongpee that the petitioner Purbanachal Cement Private Limited had fraudulently owned and possessed the plot of land described in the schedule of the representation. 4. On the basis of the representation made by the All Bodo Students Union, the petitioner was issued notice bearing no. ASPR No. 243/2021 dated 31.07.2021 by the Circle Officer, Sonapur Revenue Circle providing that as per the letter dated 13.07.2021 of the Additional Deputy Commissioner, Kamrup(M), a hearing was necessary in respect of the land covered by KP Patta No. 1 of Dag No. 2 of Village Sarutari, Mouza Sonapur and accordingly, the date and time of the hearing was fixed at 3 pm on 04.08.2021. Accordingly, Mansing Rongpee who had raised the complaint before the All Bodo Students Union and Dhan Bey, who was stated to be a Director of the petitioner Purbanachal Cement Private Limited were requested to remain present in the office of the Circle Officer. The complaint of Mansing Rongpee would also have to be understood that it is a complaint that his own purchased land in the tribal belt had also been purchased by the petitioner. 5. By another communication dated 05.08.2021 of the Circle Officer, Sonapur Revenue Circle, Sanjib Kumar Choudhury, President (Commercial) of Purbanachal Cement Private Limited was informed that as per the complaint of Mansing Rongpee, a demarcation is required to be carried out in the areas which otherwise were under the possession of Sanjib Kumar Choudhury and in order to ascertain the total area under the possession and to find its congruity as per the available land records and to remove the discrepancies, the notice concerned was required to provide all possible help in carrying out the procedure. By another notice dated 05.08.2021 also of the Circle Officer, Sonapur Revenue Circle, Mansing Rongpee the complainant, the applicant being the President of the All Bodo Students Union Ajit Kahklary, Sanjeeb Kr. Choudhury, President (Commercial) Purbanchal Cement Private Limited were required to remain present at the hearing on 16.08.2021 along with certain documents specified in the notices, which are extracted as below: 1. Certified Copy of Regd Deed 697/1981 dated 02.02.1981 (To be furnished by the respondents) 2. Certified Copy of Regd Deed 9690/03 dated 20.11.2003 (to be furnished by the respondents) 3. Certified copy of Regd Deed 9447 dated 30.12.2000 (To be furnished by the Applicants) 6. The aforementioned three communications/notices are assailed in this writ petition by the petitioner Purbanachal Cement Private Limited. 7. Mr. S P Roy, learned counsel for the petitioner has raised the contention that the petitioner company is otherwise ready to cooperate with the enquiry to be done by the Circle Officer, Sonapur Revenue Circle but the complaint petition as well as certain documents had not been given to the petitioner. The petitioner further points out certain minor discrepancies to the extent that in one of the notices, it is stated as Dag No. 1 and 2 and in another notice, it is stated as Dag No. 2 and 3. 8. The petitioner further points out certain minor discrepancies to the extent that in one of the notices, it is stated as Dag No. 1 and 2 and in another notice, it is stated as Dag No. 2 and 3. 8. We are of the view that such minor discrepancies cannot be a reason to interfere with the notices in respect of an enquiry on an allegation that the lands under restriction for alienation under Chapter 10 of the Assam Land Revenue Regulation, 1886 had been alienated and transferred in the name of persons who are otherwise not entitled to hold such land and further the land purchased by the complainant Mansing Rongpee is also being claimed by the writ petitioner Purbanachal Cement Private Limited to have been purchased by them. The bigger cause of the complaint needs a hearing but again the same must be done by following the due procedure of law and by giving adequate opportunity to the petitioner. 9. Accordingly, without interfering with the three notices, we require the petitioner to appear before the Circle Officer, Sonapur Revenue Circle either personally or through its authorized representative and upon their appearance, the Circle Officer to provide the petitioner with the entire set of documents sought to be relied upon against them so as to enable the petitioner to form its objection, if any, to be raised before the Circle Officer. After giving an opportunity of hearing to the petitioner as well as to the original complainant Mansing Rongpee, the Circle Officer may pass any reasonable order as may be advisable under the law. If the purpose of the notices of the Circle Officer are to conduct an enquiry, the Circle Officer may submit a report to the Deputy Commissioner, Kamrup(M) for taking appropriate action. 10. Again at the same time, if certain documents which would be necessary in the enquiry by the Circle Officer are in the possession of the petitioner and it is felt necessary that such documents would be necessary for the purpose f the hearing, the Circle Officer shall inform the petitioner about the particulars of such documents and the petitioner shall make such documents available before the Circle Officer. 11. Accordingly, the petitioner or its authorized representation to appear before the Circle Officer, Sonapur Revenue Circle on 19.09.2022 at 10.30 am. 11. Accordingly, the petitioner or its authorized representation to appear before the Circle Officer, Sonapur Revenue Circle on 19.09.2022 at 10.30 am. On his appearance, the Circle Officer shall provide the petitioner or its authorized representative the required documents that they may desire to form their objection and on the said date, the Circle Officer shall also inform the petitioner or its representative about the documents in their possession which the Circle Officer may require. Accordingly, the petitioner to file their objection, if any and thereafter, appear again on 10.10.2022, from which date, the actual proceeding before the Circle Officer shall be started and the same be brought to its logical end within a period of two months thereafter. In the hearing, the Circle Officer shall also enquire into the complaint of Mansing Rongpee that his land which was purchased vide registered Deed No. 9447, Sl No. 14337 dated 30.12.2000 is presently being owned by the petitioner Purbanachal Cement Private Limited. The Circle Officer upon perusal of the records shall form an opinion as to whether the land purchased by Mansing Rongpee vide registered Deed No. 9447, Sl No. 14337 dated 30.12.2000 had been illegitimately owned and possessed by the petitioner and if yes, to take appropriate action under the law. The conclusion that the Circle Officer may arrive be informed to the Deputy Commissioner, Kamrup(M) and the Deputy Commissioner shall necessary steps for initiating any civil or criminal proceeding, as the case may be or both, if the enquiry reveals the complicity of any illegal or criminal act being done by any of the parties. 12. A copy of this order be provided to the Deputy Commissioner, Kamrup(M) for information as well as for taking necessary action, if required. Writ petition stands disposed of in the above terms.