ORDER

Date : 16.02.2024

1. The instant contempt application has been filed alleging willful violation of the order dated 06.01.2017 passed in WP(C) No.3494/2015 whereby this Court had disposed of the writ petition with the following directions which are quoted herein below:

“Accordingly, this writ petition is disposed of with a direction to the respondent Nos. 2 and 5 to carry out the act of demarcating 2185 bighas of PGR land notified by the notification dated 01.12.1992 and the 15,735 bighas of land notified as PGR by the notification dated 10.12.2010. After completion of the work of demarcation of the PGR, the said two respondents if required after the demarcation, would carry out the necessary activity of evicting persons other than the graziers from the PGR and also prohibit them or any other persons from utilizing the PGR, for any other purpose other than the grazing. It is provided that the work of demarcation of the PGR as directed would be carried out within a period of 6 months from the date of receipt of a copy of this order. As directed, however, the act of evicting and prohibiting the non-graziers would be carried out only after the proper demarcation at the PGR and no one should be evicted from any area outside the demarcated area of the PGR.”

2. This Court had duly taken note of the affidavit which has been filed by the Respondent Nos. 1 and 3. The question arises as to whether the order passed by this Court is implementable inasmuch as a perusal of the directions shows that there was a direction to demarcate the PGR lands which have been notified vide notification dated 01.12.1992 and thereupon to take appropriate actions for eviction of those persons who are not entitled to remain in the PGR lands.

3. It is also relevant to take note of that the said notification dated 01.12.1992 has neither been amended nor the Government of Assam has de-

notified such lands stated in the notification dated 01.12.1992 as PGR lands.

4. Mr. R. Borpujari, the learned Standing counsel who is representing the Respondent Nos. 1, 2 and 3 is also the Standing counsel of the Revenue and Disaster Management Department. Mr. N. Goswami who is present in the Court is the Standing counsel of the District Administration. Under such circumstances, both the counsels are hereby directed to obtain instructions from the Revenue Department of the Government of Assam as well as the District Administration, Dhemaji as to whether the order passed by this Court dated 06.01.2017 in WP(C) No.3494/2015 has been duly complied with and if not, what are the impediments for which the order has not been complied with.

5. List the matter again on 27.03.2024 for an updated status.

6. The name of Mr. N. Goswami, the learned Standing counsel be shown in the Cause List.

JUDGE

Comparing Assistant