Bhagaban Bhagat and 9 Ors v. The Assam Board of Revenue and 4 Ors

ORDER Date : 03.10.2024

Heard Mr. M. A. Laskar, the learned counsel appearing on behalf of the Petitioners and Mr. J. Chutia, the learned Standing counsel appearing on behalf of the KAAC as well as its officials.

¶2The Petitioner Nos. 1 to 6 herein are the successor-in-interest of one Parmananda Bhagat (since deceased). The Petitioner Nos.7 to 10 belongs Page No.# 4/6 to the same family of the Petitioner No.7. This is the second round of litigation before this Court. Earlier a communication was issued by the Joint Secretary, Revenue Department of the Karbi Anglong Autonomous Council dated 21.02.2011 whereby the ARO/ASO were directed to hand over the possession of the land in question to one Shri Sarthe Phangcho who is the Respondent No.5 in the instant proceedings also. On the basis of the said communication dated 21.02.2011, notices were issued by the Assistant Revenue Officer dated 21.07.2011 asking Late Parmananda Bhagat as well as the Petitioner No.7 to vacate the land in question. The said communication dated 21.02.2011 and the notice dated 21.07.2011 were subject matter of a challenge before this Court in WP(C) No.4014/2011.

¶3Initially this Court vide an order dated 06.08.2011 directed the parties to maintain status quo. However, subsequently, vide the order dated 06.05.2013, the Petitioners of WP(C) No.4014/2011 were granted the liberty to file an appeal before the Executive Member of the Kabi Anglong Autonomous Council.

¶4It is categorically mentioned in the writ petition that Late Parmananda Bhagat as well as the Petitioner No.7 filed appeals before the Executive Member of the Karbi Anglong Autonomous Council. However, the petition is completely silent that the said appeal was registered as Land Appeal Case No.1/2019 and was dismissed vide an order dated 22.07.2020. The said order dated 22.07.2020 was placed before this Court by Mr. J. Chutia, the learned Standing counsel for the Kabi Anglong Autonomous Council along with an instruction dated

21.09.2024. The same is kept on record and marked with the letter "X". Page No.# 5/6

¶5This Court has duly taken note of that the appeal which was filed by the predecessor-in-interest of the Petitioner Nos. 1 to 6 as well as by the Petitioner No.7 were dismissed by the Executive Member and directions were issued and eviction proceedings initiated under Section 5 of the Karbi Anglong (Transfer of Land) Act, 1959.

¶6It is seen that in pursuance thereto, the impugned notices were issued. It has been submitted by Mr. J. Chutia, the learned Standing counsel appearing on behalf of the Karbi Anglong Autonomous Council that against the order of the Executive Member, an appeal lies before the Executive Committee of the Karbi Anglong Autonomous Council and the said aspect is also reflected in the order dated 06.05.2013 passed in WP(C) No.4014/2011.

¶7This Court has heard the learned counsels appearing on behalf of the parties and it is the opinion of this Court that the impugned notices which have been issued are results of the dismissal of the appeal being Land Appeal Case No.1/2019 vide the order dated 22.07.2020. It is also seen that the said notices have been issued in accordance with the provisions of Section 5 of the Karbi Anglong (Transfer of Land) Act, 1959. Therefore, unless and until the order dated the 22.07.2020 passed in Land Appeal Case No.1/2019 is not interfered with, the impugned notices cannot be interfered with.

¶8Under such circumstances, this Court is of the opinion that the instant writ petition lacks merits without a challenge to the order dated

22.07.2020 passed in Land Appeal Case No.1/2019 and as such the instant writ petition stands dismissed. However, this Court categorically observes that the dismissal of the instant writ petition shall not cause any Page No.# 6/6 prejudice to the Petitioners to assail the order dated 22.07.2020 passed in Land Appeal Case No.1/2019 in accordance with law.

JUDGE Comparing Assistant

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