Gopal Chandra Bhattacharjee and Anr v. State of Assam and 3 Ors

ORDER

03.10.2024

Heard Mr. S. K. Ghosh, the learned counsel appearing on behalf of the Petitioners and Ms. G. Hazarika, the learned Government Advocate appearing on behalf of the Respondent No.1. I have also heard Mr. B. Choudhury, the learned Standing counsel appearing on behalf of the Respondent Nos. 2 and 4 and Ms. S Konwar, the learned Government Advocate appearing on behalf of the Respondent No.3.

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¶2The Petitioners herein claims to be the owner and possessor of a plot of land measuring 2 Kathas 4 Chataks 5 Gondas covered by Dag Nos.611and 612 included in 2nd R.S. Patta No.198 and 188 of Pargona Barakpar, Mouza Tarapur Part-VIII on the basis of purchase.

¶3It is the case of the Petitioners that the Respondent Authorities without carrying out any demarcation have taken steps for widening of the Vivekananda Road and thereby trying to encroach upon the patta lands of the petitioners in the name of widening of Vivekananda Road, Silchar that too without following the due procedure of law regarding acquisition and requisition of the patta land.

¶4This Court duly takes note of that a similar issue has cropped up before this Court in WP(C) No.3504/2024 and an order was passed on 05.08.2024 itself after taking due note of the instructions produced by the Additional District Commissioner, Silchar dated 03.08.2024. In the said instructions, the contents of which is duly reflected in the order dated 05.08.2024 passed in the said writ petition. It has been mentioned that the construction work for the drain was undertaken after proper demarcation by the L.R. staff of the Office of Assistant Settlement Officer, Sadar Circle, Silchar and with the support of the local committee of the area. It is also mentioned that due demarcation was carried out prior to initiation of action for widening of the Vivekananda Road and the Assistant Settlement Officer had demarcated and ascertained the Government Khas land pertaining to 2nd R.S. Government Khas Dag No.3321, 3322, 3323, 4279, 4280 and 4281.

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¶5In that view of the matter, this Court while passing the order dated

05.08.2024 did not find any good ground for entertaining the writ petition which was filed. However, it was observed that in the circumstance, any of the land of the petitioners therein were taken, the said petitioners would be at liberty to approach the concerned authority and in that regard the concerned authority shall duly take appropriate steps for redressal of the grievance.

¶6As the facts of the instant writ petition are similar to the facts which arose for consideration before this Court in WP(C) No.3504/2024 and there has been nothing shown by the learned counsel for the petitioners that to distinguish the facts of the instant case with the said writ petition which have already been disposed of on 05.08.2024, this Court is also of the opinion that the instant writ petition cannot be entertained in the present facts. This Court however observes that in the circumstance the land of the petitioners is taken by the respondent authorities, the petitioners would always be at liberty to approach the concerned authority and in that regard the concerned authority shall duly take appropriate steps for redressal of the grievances of the petitioners.

¶7With above observations and directions, the instant writ petition stands disposed of

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010203322024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/5135/2024o GOPALoCHANDRAoBHATTACHARJEEoANDoANRo SONoOFoLATEoGIRIJAoNATHoBHATTACHARJEE,o RESIDENToOFoSARADAMANIoLANE,oCOLLEGEoROAD,o AMBICAPURoPART-1,oSILCHARoTOWN,o P.O.-oSILCHAR,oDIST.-oCACHAR,oASSAM,o PIN-o788004. 2:oPARASHANTOoKUMARoKAR oS/O-oPARITOSHoKAR o PRESENTLYoRESIDINGoAToVIVEKANANDAoROAD o SILCHARoTOWN oPO-oSILCHAR oDIST.-oCACHAR o ASSAM oPIN-o788007o VERSUSo STATEoOFoASSAMoANDo3oORSo REPRESENTEDoBYoITSoSECRETARYoTOoTHEoGOVERNMENToOFoASSAM,o DEPARTMENToOFoREVENUE,oDISPUR,oGUWAHATI-6. 2:COMMISSIONERoANDoSECRETARYoTOoTHEoGOVERNMENToOFoASSAM oDEPARTMENToOFoPWDo(ROAD) oDISPUR oGUWAHATI-6. 3:DEPUTYoCOMMISSIONER oCACHAR oAToSILCHAR oPIN-o788001. Page No.# 2/4 4:EXECUTIVE ENGINEER PWD SILCHAR AND UDHARBOND TERRITORIAL ROAD DIVISION SILCHAR- 788001 Advocate for the petitioner(s): Mr. SK Ghosh Advocate for the respondent(s): Ms. M Das For PWD Ms. G Hazarika For Revenue Department Ms. S Konwar Government Advocate, Assam B E F O R E HON'BLE MR. JUSTICE DEVASHIS BARUAH