IMPORTANT POINT
The court established that eviction processes must respect individual rights and follow due legal procedures as outlined in the Assam Land and Revenue Regulation, 1886.

JUDGMENT :

Devashis Baruah, J.

Heard Mr. A. R. Bhuyan, the learned counsel appearing on behalf of the petitioners in WP(C) No.4818/2024 and WP(C) No.4820/2024 as well as Mr. N. Baruah, the learned counsel appearing on behalf of the petitioner in WP(C) No.4840/2024. I have also heard Mr. D. Saikia, the learned Advocate General, Assam assisted by Mr. R. Borpujari, the learned Standing Counsel, Revenue Department appearing on behalf of the State respondents.

2. In the instant three writ petitions, the petitioners have assailed the general notices dated 13.09.2024/14.09.2024 issued by the Circle Officer, Sonapur Revenue Circle, Kamrup (Metro) District whereby the land mentioned in the said notices, i.e. Myadi Patta No.1 to 202 and Eksonia Patta No.1 to 87 have been held to be under unauthorized and illegal possession of the people other than the protected Class as per Chapter-X of the Assam Land and Revenue Regulation, 1886 (for short, ‘the Regulation’). Under such circumstances, all the inhabitants of the said land mentioned in the notices were directed to vacate the land within three days of service of the notice.

3. The petitioners herein claimed that they have rights over the land under their possession wherein they were initially issued Annual Pattas in the year 1923-28 and thereupon have been issued Periodic Pattas. It is the case of the petitioners that they have rights over the land even before the land were declared to fall under Chapter-X of the Regulation vide the Government notification number RD.75/46/172 dated 27.02.1950, and as such, the summary manner in which the respondent authorities have resorted to evict the petitioners who have been enjoying rights over the land almost for hundred years is absolutely arbitrary, unreasonable as well as in violation to the provisions of Section 165 (3) of the Regulation. It is also very relevant to take note of that in the instant writ proceedings various documents have been enclosed to show that the petitioners have rights over the lands as contented by the learned counsel for the petitioners.

4. Mr. D. Saikia, the learned Advocate General, Assam, per contra, submitted that in terms of the notification dated 27.02.1950, the Revenue and Settlement Department of the Government of Assam under the Orders of the Governor of Assam had constituted the Tribal Belt in terms with Chapter-X of the Regulation. The learned Advocate General, Assam further submitted that Chapter-X of the Regulation is a very special Chapter in order to protect certain Classes who, on account of their primitive conditions and lack of education or material advantages, are incapable of looking after their welfare in so far as such welfare depends upon their having sufficient land for their maintenance. The learned Advocate General submitted that in terms of Section 164 (A) and 164 (B) of the Regulation, stringent conditions have been imposed keeping the legislative enactment for protection of the Backward Classes. The learned Advocate General further submitted that once the land has been notified in terms of Chapter-X, there cannot be any acquisition by any other Class other than those Classes falling under Chapter-X of the Regulation. He therefore submitted that if the petitioners have any rights accrued prior to 27.02.1950, they can very well place it before the Deputy Commissioner, Kamrup (Metro) by submitting respective representations and the said aspect would be duly considered. In addition to that, the learned Advocate General has also referred to the order passed by the Division Bench of this Court dated 09.12.2019 in PIL No.78/2018 wherein the Division Bench, had been directed the State Government including the District Administration to take effective steps for protection of the land falling under Chapter-X of the Regulation.

5. The learned Advocate General further submitted that in pursuant to the order passed by the Division Bench of this Court dated 09.12.2019 in PIL No.78/2018, a Special Leave to Appeal