Page No.# 1/3 GAHC010146222023 2025:GAU-AS:3933 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3890/2023 ANAMUL HOQUE LASKAR S/O- LATE TAIMUS ALI LASKAR, R/O- VILL- NEIRGRAM PART-II, P.O. SONAPUR, P.S. SILCHAR, DIST.- CACHAR, ASSAM VERSUS THE STATE OF ASSAM AND 3 ORS TO BE REP. BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM, REVENUE AND DISASTER MANAGEMENT DEPTT., DISPUR, GHY-06 2:THE DEPUTY SECRETARY TO THE GOVERNMENT OF ASSAM REVENUE (L.R) AND DISASTER MANAGEMENT DEPARTMENT DISPUR GUWAHATI-06 3:THE DEPUTY COMMISSIONER CUM LAND ACQUISATION OFFICER DIST.- CACHAR SILCHAR ASSAM 4:THE ADDL. DEPUTY COMMISSIONER (LAND ACQUISITION BRANCH) OFFICE OF THE DEPUTY COMMISSIONER DIST.- CACHAR SILCHAR ASSA Advocate for the Petitioner : MR. M H LASKAR, MR. S ROY,M. HOSSAIN Advocate for the Respondent : SC, REVENUE, GA, ASSAM Page No.# 2/3 BEFORE HON’BLE MR. JUSTICE ARUN DEV CHOUDHURY ORDER 02-04-2025 1. Heard Mr. S. Roy, learned counsel for the petitioner and Mr. A. Bhattacharjee, learned Standing counsel, Revenue and Disaster Management Department for the respondent Nos. 1 & 2. Also heard Ms. S. Konwar, learned State counsel for the respondent Nos. 3 & 4. 2. The claim made in this writ petition is that land measuring more or less, 29 Bighas 15 Kathas 8 Chataks in Village-Neirgram Part-II, was acquired under L.A. Case No. 7/2001-2002. According to the petitioner, such land belongs to the grandfather of the petitioner and his siblings. The petitioner received acquisition notice as legal heir of late Samjid Ali i.e., grandfather of the petitioner. On receipt of such notice, the petitioner submitted an application on 26.11.2002 before the Land Acquisition Officer, Cachar, Silchar claiming the land acquisition compensation on behalf of said Samjid Ali. However, such compensation has not yet been granted to the petitioner. 3. The concerned Collector through the Additional District Commissioner, Cachar has filed an affidavit-in-opposition in this regard. At Para 7 of the said affidavit-in-opposition, a specific stand is taken that actual area of Dag No. 554 is 3 Bighas 0 Katha 8 Chataks and acquired land measuring 1 Bigha 17 Kathas 04 Lechas is of Dag No. 554/ka relates to LA Case No. 07/2001-02 and the land was recorded in the name of Samjid Ali along with some others. 4. It is also their stand that at the time of joint survey carried out on 14.05.1997, in presence of requiring Department (i.e., Officer Commanding, Page No.# 3/3 115 RCC, GREF) and the land record staff, the name of the petitioner was not found in possession of land in question of Dag No. 554/KA under 2nd RS Patta No. 207. It is their further stand that as per Zirat list, in Dag in question, the names of one Rahim Uddin Laskar, son of Late Said Ali Laskar and four others are recorded as possession holder and therefore, the payment of compensation could not be made. 5. In reference to this Court’s order dated 27.01.2025, the learned counsel for the State respondent submits that she has received instruction from the Additional District Commissioner, Cachar Silchar issued under its communication dated 10.02.2025 that no payment has been made to the petitioner. 6. From the aforesaid, it is seen that there is a claim and counter claim between the parties as regards the entitlement and apportionment of compensation in question. Therefore, in the considered opinion of this Court, such dispute cannot be determined in exercise of power under Article 226 of the Constitution of India. Accordingly, this writ petition stands closed with a direction to the Collector to take legal course as prescribed under law and under Section 11 of the Land Acquisition Act, 1894 as acquisition process is stated to be initiated under the said Act, 1894. Such exercise be carried out within a period of four weeks from the date of receipt of a certified copy of this order to be furnished by the petitioner before the Land Acquisition Collector in connection with LA Case No. 07/2001-02. JUDGE Comparing Assistant