MD. MOINUDDIN Vs. STATE OF ASSAM AND ORS.
LAWS(GAU)-1994-6-29
HIGH COURT OF GAUHATI
Decided on June 30,1994

MD. MOINUDDIN Appellant
VERSUS
STATE OF ASSAM And ORS. Respondents




JUDGEMENT

M. Sharma, J. - (1.)THIS writ petition has been preferred by the Petitioner against the judgment and order dated 13.10.92 passed by the Assam Board of Revenue.
(2.)PETITIONER claims to that being a landless person and possessed, as far back as 1955, the land in question measuring 6 Bigha 15 Lechas Covered by dag NO. 562 of Annual Touzi Patta No. 88 of Chaboti village under Nakari Mouza, North Lakhimpur. He claims that after clearing jungle and making it fit for habitation and cultivation he stayed on the said land by constructing dwelling houses and growing crops on the land. Further contention of the Petitioner is that Petitioner used to pay revenue and annual touzi patta No. 88 was issued to him. A part of the land was once encroached and occupied by Military Engineering Service (MES) in the year 1983 but the same way vacated and returned to the Petitioner in the year 1991. Petitioner submitted applications in Form B to the Deputy Commissioner on several occasions for settlement of the said land with him which has not been disposed of yet. The Addl. Deputy Commissioner, Lakhimpur issued the Impugned notice of eviction on 18.12.91 under Rule 18(3) of the Settlement Rules of Assam Land and Revenue Regulation, 1886 in Encroachment Case No. 4/91 -92 asking the Petitioner to remove the house and the standing crops etc at once from the land and to inform the office it writing on 6.1.92 and appear personally on that day. Against this Petitioner moved before the Revenue Minister by an application dated 27.12.91 bringing to his notice the order of eviction dated 18.12.91 and also prayed for issue of annual patta. The Revenue Minister on the same date directed the Deputy Commissioner, Lakhimpur by a note on the body of the application to consider the application for settlement. But in spite of this order of the Revenue Minister, it is alleged, no action has been taken by the Deputy Commissioner. On 6.1.92, the date fixed for appearance, the Petitioner appeared before the Addl. Deputy Commissioner and filed application for adjournment to file his written statement. Accordingly 13.3.92 had been fixed. Again Petitioner moved the Revenue Minister on 10.3.92 for staying the eviction, in pursuance to the notice dated 18.12.91 and the Revenue Minister directed the Deputy Commissioner, Lakhimpur to stay the eviction order and consider the eviction as prayed by the Petitioner. On 13.3.92 as the Petitioner 's lawyer could not appear Petitioner filed an application for further time to file written statement which has been rejected by the Deputy Commissioner informing him that the eviction had already been executed. Allegation is made that the Petitioner was confined to the court on that day and the execution of the eviction was made. Immediately Petitioner approached the Additional Deputy Commissioner and sought permission to examine the records and the same was refused. Against this Petitioner preferred appeal before the Board of Revenue and by order dated 13.10.92 the Board of Revenue rejected the appeal of the Petitioner.
By order dated 4.11.92 in the writ petition rule was issued and the impugned order of the Board of Revenue was stayed.

(3.)HEARD Mr. U Bhuyan, learned Counsel for the Petitioner and Mr. K.P. Sarma, learned Counsel for the Respondent No. 5 who was impleaded after filing of the writ petition. None appeared for the Government and no affidavit has teen filed. Respondent No. 5 by its Secretary Mrs. Parui Phukan filed affidavit in opposition countering the case of the Petitioner. The averment made in the affidavit in opposition is that the land in question has been allotted to the Women Industrial Training Institute (ITI) at Chaboti on the basis of the proposal for establishment of the ITI with financial assistance of the World Bank under the supervision of the Govt. of Assam and the disputed land including an area of 20 Bigha 1 Kama 15 Lechas of Govt land covered by dag No. 561,562 and 618 was allotted to the said institution by the Deputy Commissioner, Lakhimpur and the same was approved by the Land Advisory Committee and the possession of the said land was delivered to the Superintendent, Industrial Training Institute, Dhemaji on 25.9.91. The subject matter of the dispute is dag No. 562 which includes 6 Bigha 15 Lechas of land and there is not dispute in respect of the rest of the land.


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