ABED ALI v. THE STATE OF ASSAM
Court: Gauhati High Court
Bench: HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
Judgment date:
Case summary
Gauhati High Court judgment dated 2020-11-10. ABED ALI v. THE STATE OF ASSAM. Read the judgment and case details on LawSphereX.
Judgment text
Page No. # 1/5 GAHC010125782020 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) WP(C)/240/2018 ABED ALI Address:R/O- VILL- BELTOLI P. S. JOGIGHOPA P. O. BALAPARA 2: ABUL HUSSAIN Address:R/O-VILL- BALAPARA SOUTH P. S. JOGIGHOPA P. O. BALAPARA 3: LATIF AHMED Address:R/O- VILL- BALAPARA SOUTH P. S. JOGIGHOPA P. O. BALAPARA 4: MOHSIN AHMED Address:R/O-VILL- BELTOLI P. S. JOGIGHOPA P. O. BALAPARA 5: ABU AKKAS ALI Address:R/O- VILL- BELTOLI P. S. JOGIGHOPA P. O. BALAPARA 6: RAHMAN ALI Address:R/O- VILL-BELTOLI P. S. JOGIGHOPA P. O. BALAPARA 7: MONSER ALI Address:R/O- VILL- BALAPARA P. S. JOGIGHOPA P. O. BALAPARA Page No. # 2/5 8: JAFAR ALI Address:R/O-VILL-BELTOLI P. S. JOGIGHOPA P. O. BALAPARA 9: SABED ALI Address:R/O- VILL- BELTOLI P. S. JOGIGHOPA P. O. BALAPARA 10: TOSER ALI@ TASER ALI Address:R/O-VILL- BELTOLI P. S. JOGIGHOPA P. O. BALAPARA 11: OMAR ALI Address:R/O-VILL-BALAPARA P. S. JOGIGHOPA P. O.
BALAPARA VERSUS THE STATE OF ASSAM Address:REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM REVENUE LR DEPTT. DISPUR GUWAHATI 2:THE DIRECTOR Address:LAND RECORDS AND SURVEY ASSAM KHANAPARA GUWAHATI 3:THE DEPUTY COMMISSIONER Address:BONGAIGAON P. O. - BONGAIGAON ASSAM 4:THE SUB-DIVISIONAL OFFICER (CIVIL) Address:NORTH SALMARA ABHAYAPURI P. O. - BONGAIGAON 5:THE CIRCLE OFFICER/ SUB-DIVISIONAL OFFICER (CIVIL) Address:BOITAMARI REVENUE CIRCLE BOITAMARI Page No. # 3/5 6:ABDUL MOTLEB Address:R/O- VILL- HOKODOBA PART I P. S. JOGIGHOPA P. O. BALAPARA 7:NUR ISLAM Address:R/O- VILL- HOKODOBA PART I P. S. JOGIGHOPA P. O. BALAPARA 8:JURAN ALI Address:R/O- VILL- HOKODOBA PART I P. S. JOGIGHOPA P. O. BALAPARA 9:OSMAN ALI Address:R/O- VILL- HOKODOBA PART I P. S. JOGIGHOPA P. O. BALAPARA 10:AZAHAR Address:R/O- VILL- HOKODOBA PART I P. S. JOGIGHOPA P. O. BALAPARA 11:BABAR ALI Address:R/O- VILL- HOKODOBA PART I P. S. JOGIGHOPA P. O. BALAPARA ------------ Advocate for : MR.
H DAS Advocate for : GA ASSAM appearing for THE STATE OF ASSAM: Advocate GA ASSAM, GA ASSAM, GA ASSAM, GA ASSAM, GA ASSAM, GA Page No. # 4/5 ASSAM, GA ASSAM, GA ASSAM, GA ASSAM, GA ASSAM, appearing for 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, respectively. BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI ORDER Date : 10-11-2020 Heard Shri H Das, learned counsel for the petitioner. Also heard Ms. K Phukan, learned State Counsel, Assam, who has placed before this Court a copy of written instruction dated 21. 10. 2020. Ms. N Bordoloi, learned Standing Counsel, Revenue Department is present. The grievance of the petitioner is with regard to encroachment of a Government land Page No. # 5/5 at Hokodoba, Gomath which is a VGR land. Shri Das, learned counsel for the petitioners has placed reliance on a decision of the Hon’ble Supreme Court in the case of Jagpal Singh Vs.
State of Punjab, reported in (2011) 11 SCC 396 wherein, the Hon’ble Supreme Court has strictly laid down that VGR land is not to be allotted and the same should be preserved. As per the instructions received, Ms. K Phukan, learned State Counsel has submitted that necessary action for eviction was already undertaken and the encroachers have been evicted. At the same time, Shri Das, learned counsel for the petitioners submits that it was for the third time that the land was the subject matter of encroachment and that the petitioners apprehend that even in future, the land may be encroached. In view of the aforesaid facts and circumstances, this writ petition is disposed of by directing the authorities to ensure that the law laid down by the Hon’ble Supreme Court in the case of Jagpal Singh (supra) is strictly followed and no encroachment is done upon the aforesaid VGR land. A copy of the written instruction dated 21. 10. 2020 is made a part of the records.
The writ petition is accordingly disposed of. JUDGE Comparing Assistant
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