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IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
MANISH CHOUDHURY, J.
Chamen Ali S/o Monser Ali Sk @ Monser Ali - Appellant
Versus
The Commissioner and Secretary to the Govt. of Assam and Others - Respondents
W.P. (C) Nos. 317, 983, 1018, 2411, 2414 of 2021
Decided On : 15-02-2024
Relinquishment - Land Acquisition - Assam Land and Revenue Regulation, 1886, Section 10, Section 34, Rule 24 - The court dismissed the writ petitions challenging the conversion of patta lands to government lands for the establishment of a Model Degree College. The court found that the relinquishment process was followed as per the statutory provisions and the petitioners failed to provide convincing evidence to support their allegations of forgery and illegal deprivation of landholdings.
Fact of the Case:
The petitioners challenged the conversion of patta lands to government lands for the establishment of a Model Degree College. They alleged that the relinquishment process was vitiated due to forgery and illegal deprivation of their landholdings.
Finding of the Court:
The court found that the allegations of forgery and illegal deprivation were not supported by convincing evidence. It concluded that the disputed and complex questions of facts could not be determined in the writ proceedings without a full-fledged trial.
Issues: Allegations of forgery and illegal deprivation of landholdings
Ratio Decidendi: The court declined to try the writ petitions as the allegations of forgery and illegal deprivation were disputed and complex questions of facts that required a full-fledged trial for determination.
Final Decision: The writ petitions were dismissed, and the interim orders were recalled. The court clarified that dismissal of the writ petitions did not preclude the petitioners from resorting to any other remedy as permissible under the law before an appropriate forum.
JUDGMENT :
MANISH CHOUDHURY, J.
1. All the 5 (five) writ petitions - W.P. (C) No. 317/2021, W.P. (C) No. 983/2021, W.P. (C) No. 1018/2021, W.P. (C) No. 2411/2021 & W.P. (C) No. 2414/2021 - are preferred seeking to invoke the extra-ordinary and discretionary jurisdiction of this Court under Article 226 of the Constitution of India inter-alia to assail an Order under Memo no. HRS.2/2011/113 dated 27.11.2015 passed by the Sub-Divisional Officer (Civil), South Salmara - Mankachar Sub-Division, Hatsingimari, District - South Salmara - Mankachar, Assam. The writ petition, W.P. (C) No. 317/2021 has been preferred by 5 (five) nos. of petitioners whereas in the writ petition, W.P. (C) No. 983/2021, there are 4 (four) nos. of petitioners. The writ petitions, W.P. (C) No. 1018/2021, W.P. (C) No. 2411/2021 & W.P. (C) No. 2414/2021 are preferred by 3 (three) petitioners, 16 (sixteen) petitioners and 8 (eight) petitioners respectively.
2. As all the five writ petitions have been preferred by the petitioners stating that they are espousing a common cause of action and the controversy involved in all the five writ petitions is same, all the five writ petitions are taken up together for consideration, as agreed to by the learned counsel for the parties. It is submitted by the learned counsel for the parties that exchange of pleadings in all the writ petitions are complete, with the submission that the affidavit-in-opposition filed by the respondent no. 3 would cover the case of the State respondents in respect of all the writ petitions.
3. It is the case of the petitioners that they are inhabitants of Revenue Village - Rajabala Bhalukkandi within the South Salmara Revenue Circle, District - South Salmara - Mankachar, Assam. It is the further case of the petitioners in all these writ petitions that they are periodic patta holders holding different parcels of patta lands, as mentioned in their respective pattas. The petitioners have, thus, claimed that they come with the ambit of the definitions of land-holder and/or settlement-holder, as defined under the Assam Land and Revenue Regulation, 1886.
4. The lis has arisen due to a decision taken by the State Government to set up and establish a Model Degree College at the Revenue Village - Rajabala Bhalukkandi. The matter of setting up a Model Degree College in South Salmara - Mankachar district is part of a decision of the State Government to set up Model Degree Colleges in 12 districts of Assam. In view of the decision to set up the Model Degree College within the Revenue Village - Rajabala Bhalukkandi, a necessity had arisen to look out for parcels of land required for setting up such a Model Degree College. It was in the said process of making allocation of land for setting up the Model Degree College at Revenue Village - Rajabala Bhalukkandi, the impugned Order dated 27.11.2015 came to be passed. By the said impugned Order passed in a case registered as Relinquishment Case No. HRS.2/2011/113, different parcels of land, measuring 39 Bighas 02 Kathas 12 Lessas (39B-02K-12L) in total, which were earlier patta lands, have been converted to Sarkari (Government) lands. The landholdings of the petitioners which were stated to be by virtue of the pattas, were within the said total area of land measuring 39B-02K-12L.
5. By an Order dated 19.06.2019, the Deputy Commissioner, South Salmara - Mankachar, Hatsingimari directed the Circle Officer, South Salmara Revenue Circle to hand over possession of the area of land measuring 39B-02K-12L, converted by the Order dated 27.11.2015 to Sarkari (Government) land, to the Executive Engineer, PWD (Building), Dhubri Division for construction of the Model Degree College in terms of a direction given by the Secretary to Government of Assam, Education (Higher) Department & Mission Director, RUSA (Assam). By an Order dated 29.11.2020, the Deputy Commissioner, South Salmara - Mankachar had instructed the Officer In-Charge, South Salmara Police Station to take necessary action
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