Point of Law: Indemnity Bond is given for a purpose that if at any later point of time a dispute arises, the person receiving the amount shall indemnify the competent authority.

JUDGMENT :

Heard Mr. S. Alim, learned counsel appearing on behalf of the petitioner. None appears on behalf of the respondent no.1 on call. Mr. S. Mitra, learned counsel appears on behalf of the respondent nos.2, 3 & 4.

2. Taking into account the matter involved, the instant writ petition is taken up for disposal at the Motion stage itself.

3. As the dispute involved herein relates inaction on the part of the respondent authorities more particularly, the competent authority in not exercising the powers under Section 11(5) of the Petroleum & Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962 (hereinafter referred to as “Act of 1962”, notice upon the respondent no.5 is dispensed with.

4. The case of the petitioner herein is that the petitioner claims to be the grandson of one Bahar Ali since deceased, who was the original Pattadar of a plot of land measuring 1 Bigha 1 Katha 17 Lechas covered by Dag No.663 of Patta No.124 situated at Revenue Village No.1 Dobak under Pub Borigog Mouza in the District of Kamrup, Assam. It is the further case of the petitioner that after the death of the petitioner’s grandfather Late Bahar Ali, the names of his four sons namely (i) Moktar Ahmed (father of the petitioner), (ii) Firoz Ali, (iii) Fayez Ali and (iv) Fokhruddin Ali Ahmed being the legal heirs of Late Bahar Ali were duly mutated against the said plot of land vide order dated 30.11.2016 passed by the concerned Circle Officer. Under such circumstances, it is the case of the petitioner that the father of the petitioner became a co-owner in respect to the entire land of Dag no.663 measuring 1 Bigha 1 Katha 17 Lechas and his share would be something more than 1 Katha 14 Lechas.

5. It further appears on record that a Notification SO No.5321 dated 10th October, 2018 was issued by the Ministry of Petroleum and Natural Gas of the Government of India on 16th October, 2018, whereby in public interest the right to use of various plots of land was to be acquired for laying of the Barauni-Guwahati Gas Pipeline by GAIL (India) Limited for transportation of gas. The said acquisition was to be done in terms with the provisions of the Act of 1962. Pursuant thereto, individual notices were issued to the various Pattadars including the petitioner herein as would be seen from Anenxure-3 to the writ petition. It is the case of the petitioner that on 24.02.2021, one Fayez Ali along with his sons obtained certain signatures by threatening him. Thereupon the petitioner submitted an application to the competent authority on 20.03.2021 stating inter-alia, that he has a right to the compensation in respect of Dag No.663 which also belonged to his father.

6. It further appears from the records that on 04.07.2021, a Legal Notice was issued under Section 80 of the Code of Civil Procedure demanding payment of full compensation to the petitioner in respect to his entitlement in so far as Dag No.663 within period of 15 (fifteen) days.

7. To the said Legal Notice so issued by the petitioner, on 16.07.2021 the respondent competent authority through it’s Lawyer had replied to the same stating inter-alia, that the order dated 20.03.2021 was passed by the competent authority upon hearing all the parties including the petitioner wherein the petitioner agreed for releasing the compensation in favour of the respondent no.5 herein. It was further stated that written consent was given by the petitioner to release the compensation in favour of the respondent no.5. It further stated that the No Objection Certificate was also given by the petitioner and the compensation has been disbursed by the competent authority upon receipt of the stated documents.

8. It further appears that after receipt of the reply to the Legal Notice by the petitioner, on 01.08.2021 an FIR was lodged before the Officer-in-Charge, Dobok Police Station narrating the incident dated 24.02.2021. Accordingly, a case was registered being Rangia P.S. Case No.806/2021 under Section 506/420 IPC. Subsequent ther