Page No.# 1/7 GAHC010139432021 2025:GAU-AS:464 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4719/2021 MAZIBUR RAHMAN CHOUDHURY AND 8 ORS S/O- LT. IDRIS ALI CHOUDHURY, VILL- MADHURBOND, NAKI MIA CHOUDHURY MILAN PATH PART X, END ROAD, P.O. MADHURBOND, P.S. SILCHAR, DIST.- CACHAR (ASSAM) 2: MAHIM UDDIN CHOUDHURY S/O- LT. SIRAJ UDDIN CHOUDHURY VILL- MADHURBOND SIRAJ UDDIN CHOUDHURY LANE END ROAD P.O. MADHURBOND P.S. SILCHAR DIST.- CACHAR (ASSAM) 3: BAPPU CHOUDHURY S/O- LT. SIRAJ UDDIN CHOUDHURY VILL- MADHURBOND SIRAJ UDDIN CHOUDHURY LANE END ROAD P.O. MADHURBOND P.S. SILCHAR DIST.- CACHAR (ASSAM) 4: RAHIM UDDIN CHOUDHURY S/O- LT. JAMAL UDDIN CHOUDHURY VILL- MADHURBOND SAMSER ALI LANE END ROAD P.O. MADHURBOND P.S. SILCHAR DIST.- CACHAR (ASSAM) 5: SADDAM UDDIN CHOUDHURY S/O- LT. JAMAL UDDIN CHOUDHURY Page No.# 2/7 VILL- MADHURBOND SAMSER ALI LANE END ROAD P.O. MADHURBOND P.S. SILCHAR DIST.- CACHAR (ASSAM) 6: SALIM UDDIN CHOUDHURY S/O- LT. SAMSER ALI CHOUDHURY VILL- MADHURBOND SAMSER ALI LANE END ROAD P.O. MADHURBOND P.S. SILCHAR DIST.- CACHAR (ASSAM) 7: HALIM UDDIN CHOUDHURY S/O- LT. SAMSER ALI CHOUDHURY VILL- MADHURBOND SAMSER ALI LANE END ROAD P.O. MADHURBOND P.S. SILCHAR DIST.- CACHAR (ASSAM) 8: EALIM UDDIN CHOUDHURY S/O- LT. SAMSER ALI CHOUDHURY VILL- MADHURBOND SAMSER ALI LANE END ROAD P.O. MADHURBOND P.S. SILCHAR DIST.- CACHAR (ASSAM) 9: JASIM UDDIN CHOUDHURY S/O- LT. SAMSER ALI CHOUDHURY VILL- MADHURBOND SAMSER ALI LANE END ROAD P.O. MADHURBOND P.S. SILCHAR DIST.- CACHAR (ASSAM VERSUS THE STATE OF ASSAM AND 6 ORS REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, REVENUE AND DISASTER MANAGEMENT DEPTT., DISPUR, GHY-6 Page No.# 3/7 2:THE DIRECTOR LAND RECORDS AND SURVEYS ETC. RUPNAGAR GHY-32 3:THE DY. COMMISSIONER CACHAR SILCHAR PIN- 788001 4:THE SETTLEMENT OFFICER CACHAR AND SILCHAR DISTRICTS SILCHAR PIN- 788001 5:THE ASSTT. SETTLEMENT OFFICER SADAR REVENUE CIRCLE SILCHAR PIN- 788001 6:THE EXECUTIVE OFFICER AND SECRETARY JOINT STATE HAJJ COMMITTEE ASSAM MEGHALAYA ETC DISPUR GHY-6 7:THE DISTRICT HAJJ COMMITTEE CACHAR REP. BY ITS SECY. CUM ADDL. DY. COMMISSIONER I/C HAJJ BRANCH SILCHAR PIN- 78800 Advocate for the Petitioner : MS. R CHOUDHURY, MR D. CHAKRABORTY Advocate for the Respondent : GA, ASSAM, SC, REVENUE BEFORE HON’BLE MR. JUSTICE KARDAK ETE O R D E R Page No.# 4/7 Date : 20.01.2025. Heard Ms. R. Choudhury, learned counsel for the petitioners. Also heard Mr. A. Bhattacharjee, learned Standing Counsel appearing for respondent Nos.1 & 2 and Ms. S. Baruah, learned State Counsel for the respondent Nos.3, 4 & 5. By filing this writ petition, the writ petitioners have sought for a direction to shift the proposed construction of District Haj Bhawan and Musafirkhna to other suitable place from the allotted land over 1.5 Bigha of land which has been lying vacant towards the eastern part of the schedule land, leaving the entire eastern part covering 2.5 Bighas of schedule land, so as to enable them to use the said vacant land as ingress and egress. The petitioners claimed to be the residents of Madhurbond Village in the outskirts of Silchar Town in Cachar District, Assam contend that there is an End (PWD) Road, which is the only road connecting the petitioners’ village to the other region of the District. In between the other end road and the residents of the petitioners, there is a plot of Government Khas Land measuring 4 Bighs 1 Katha 6 Chatak running from the East to the West in a rectangular shape and the petitioners approached the said End (PWD) Road through the western side of the said plot of land being their only ingress and egress. While the petitioners were using the said area for ingress and egress, the Government of Assam has allotted the entire plot of land in favour of the District Haj Committee, Cachar for construction of District Haj Bhawan and Musafirkhna, which deprived the petitioners and their right of ingress and egress to their residences. Ms. R. Choudhury, learned counsel for the petitioners, submits that since there is other adjacent vacant land which can be used for construction of District Haj Page No.# 5/7 Bhawan and Musafirkhna, the allotment of the area which has been used by the petitioners for ingress and egress, since last fifty years would deprive the right of ingress and egress to the residents/ petitioners. Therefore, the authorities may be directed to consider the grievance of the petitioners as there are land which can be utilized for the construction of District Haj Bhawan and Musafirkhna, without disturbing the ingress and egress of the petitioners. However, having submitted that Ms. Choudhury, learned counsel, submits that if at all this Court is not inclined to interfere, liberty may be granted to the petitioners to approach the appropriate forum. Ms. S. Baruah, learned State Counsel for the respondent Nos.3, 4 & 5, while referring to the affidavit filed on behalf of the respondent No.3, submits that the Govt. Khas land measuring an area of 4 Bigha, 1 Katha, 6 Chatak covered by 2nd R.S. Dag No. 8579 (kha) under Mauza Silchar Town, Pargonah- Barakpar has been proposed to be allotted in favour of the District Haj Committee, Cachar for construction of District Haj Bhawan and Musafirkhna. The said proposal was recommended by the Sub-Divisional Land Advisory Committee (in short ‘the SDLAC’) and the said proposal was sent to the Government. In the meantime, advance possession of the land has already been handed over to the District Haj Committee, Cachar by the Sadar Revenue Circle, Silchar on 24.12.2019. Ms. Baruah further submits that since the Govt. khas land has been proposed in favour of the District Haj Committee, Cachar for construction of District Haj Bhawan and Musafirkhana, and if approach road for any private party is allowed across the said plot, then the very purpose of the allotment will be defeated. Therefore, the proposal of the petitioners cannot be accepted. I have considered the submissions of learned counsel for the parties. Page No.# 6/7 Admittedly the Govt. Khas land has been proposed to be allotted to the District Haj Committee, Cachar for construction of District Haj Bhawan and Musafirkhana and the advance possession of the land has already been handed over to the District Haj Committee, Cachar on 24.12.2019. Although this Court is of the view that the petitioners should not be deprived of the approach road to their residences, the fact remains that the advance possession of the said Govt. Khas land has already been handed over to the District Haj Committee, Cachar for construction of District Haj Bhawan and Musafirkhana, it would not be appropriate to interfere with such action of the respondent authorities, as it is not the case of the petitioners that no allotment of the said land can be given to the District Haj Committee, Cachar. The only grievance of the petitioners is that the allotment of the Govt. Khas land to the District Haj Committee, Cachar for construction of District Haj Bhawan and Musafirkhana would impede their approach road, thereby, the ingress and egress will be blocked. Therefore, had requested to adjust the allotted land for the purpose of construction of District Haj Bhawan and Musafirkhana to some other area. Having considered above and considering the categorical stand of the State respondents, this Court is not persuaded to interfere with the action of the respondent authorities in allotting the said Govt. Khas land for construction of District Haj Bhawan and Musafirkhana. Thus, the writ petition stands closed without any interference. However, considering the right of the petitioners of the approach road/ingress and egress, it is observed that the respondent authorities, particularly, the Deputy Commissioner, Cachar at Silchar may consider the grievance of the petitioners, if there is any way out to have an approach road for the petitioners. Liberty is also granted to the petitioners to Page No.# 7/7 avail the appropriate remedy, as may be permissible under the law. The writ petition stands disposed of. JUDGE Comparing Assistant