GAHC010249582025

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THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/6407/2025

SHAFIQUR RAHMAN CHOWDHURY

S/O LATE ASIR ALI CHOWDHURY, WARD NO.07, DOBOKA TOWN, P.O.

DOBOKA, DISTRICT HOJAI, ASSAM. PIN-CODE -782440.

VERSUS

THE STATE OF ASSAM AND 5 ORS.

REPRESENTED BY THE COMMISSIONER AND SPECIAL SECRETARY TO

THE GOVERNMENT OF ASSAM, PUBLIC WORKS (ROADS) DEPARTMENT,

SACHIVALAYA, DISPUR, ASSAM, GUWAHATI-6

2:THE STATE OF ASSAM

REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE

GOVERNMENT OF ASSAM

REVENUE DEPARTMENT

SACHIVALAYA

DISPUR ASSAM

GUWAHATI-6

3:THE DISTRICT COMMISSIONER

NAGAON

P.O. NAGAON

ASSAM. PIN- 782001.

4:THE DISTRICT COMMISSIONER

HOJAI

SANKARDEV NAGAR

ASSAM. PIN-782442.

5:THE EXECUTIVE ENGINEER

HOJAI DISTRICT TERRITORIAL ROAD DIVISION

HOJAI ASSAM. PIN-782435.

6:THE CIRCLE OFFICER DOBOKA REVENUE CIRCLE P.O. DOBOKA DISTICT - HOJAI ASSAM. PIN- 782440 Advocate for the Petitioner : MD. A J ATIA, MS A H ATIA Advocate for the Respondent : SC, PWD, GA, ASSAM,SC, REVENUE BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY

ORDER

Date : --05.12.2025 Heard Mr. A.J. Atia, learned counsel for the petitioner; Ms. G. Hazarika, learned Standing Counsel, Revenue Department for the respondent no. 2; and Mr. J. Handique, learned Junior Government Advocate, Assam for the respondent nos. 3, 4 & 6.

2. The petitioner’s claim is that he is the owner of a periodic patta land, covered by Dag no. 961 & 962 and Patta no. 573 & 574, situate at Daboka Town Kissamat, Ward No. 7 and within the areas of Doboka Municipality, District – Hojai [‘the subject-land’, for short]. The petitioner has alleged that on the pretext of widening of Doboka Jamuna Road, the respondent authorities have marked an area up-to 6 feet inside the boundary of the petitioner’s patta land without following any due procedure of law. The petitioner is under apprehension that at any time, the respondent authorities may take over the land up-to the marked portion.

3. On the other hand, the learned Junior Government Advocate, Assam appearing for the respondent nos. 3, 4 & 6 has submitted that as per the instructions received from the respondent no. 6, a joint verification was carried out along with the officials of the Public Works Department [PWD] on 04.04.2025 and it is noticed that in the front side of the petitioner’s two-storeyed RCC building there is encroachment to the extent of 4 ft. of land which is reserved for road in the revenue records. A subsequent Survey has mentioned about the same situation.

4. Issue notice, returnable in 4 [four] weeks.

5. As Ms. Hazarika, learned Standing Counsel, Revenue Department has appeared and accepted notice for the respondent no. 2; and Mr. Handique, learned Junior Government Advocate, Assam has appeared and accepted notices for the respondent nos. 3, 4 & 6, formal notices need not be issued to the said respondents. Mr. Atia, learned counsel for the petitioner shall furnish requisite nos. of extra copies of the writ petition along with the annexures, to Ms. Hazarika and Mr. Handique within 2 [two] working days from today.

6. The learned counsel for the petitioner shall also furnish requisite number of extra copies of the writ petition along with annexure to the learned Standing Counsel, Public Works [Roads] Department for service of notice upon the respondent nos. 1 & 5 as the learned Standing Counsel, PWD is found absent today on call.

7. The respondents shall ensure that the counter affidavits are filed before the returnable date. If any joint verification has been done at the concerned place, the report of the joint verification shall also be brought on record through the affidavit.

8. It is observed, in the interim, if any proceeding for eviction is contemplated, then the same must be strictly in conformity with the law.

JUDGE Comparing Assistant