Page No.# 1/4 GAHC010152542019 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4750/2019 PROBIN DEY S/O. LT. PRAMOD CHANDRA DEY, R/O. TOWN TINIALI, DHAKUAKHANA, P.O., P.S. AND SUB-DIVISION DHAKUAKHANA, DIST. LAKHIMPUR, ASSAM, PIN-787005. VERSUS THE STATE OF ASSAM AND 4 ORS. THROUGH THE SECRETARY LAND AND REVENUE DEPTT., GOVT. OF ASSAM, ASOM SACHIVALAYA, DISPUR, GUWAHATI-781006. 2:THE DY. COMMISSIONER LAKHIMPUR DIST. P.O. NORTH LAKHIMPUR ASSAM PIN-787001. 3:THE ADDL. DY. COMMISSIONER (REVENUE) LAKHIMPUR DIST. P.O. NORTH LAKHIMPUR ASSAM PIN-787001. 4:SUB-DIVISIONAL OFFICER (CIVIL) DHAKUAKHANA P.O. AND P.S. DHAKUAKHANA DIST. LAKHIMPUR ASSAM PIN-787005. 5:THE CIRCLE OFFICER Page No.# 2/4 DHAKUAKHANA REVENUE CIRCLE P.O. AND P.S. DHAKUAKHANA DIST. LAKHIMPUR ASSAM PIN-787005 Advocate for the Petitioner : MR G P BHOWMIK, MR D KALITA,MS M KALITA Advocate for the Respondent : SC, REVENUE, GA, ASSAM BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER Date : 24.01.2025 In term of the directions passed by this Court, vide order dated 22.01.2025, the District Commissioner, Dhakuakhana, has submitted his report in the matter though Ms. U. Das, learned Additional Senior Government Advocate. A Perusal of the said report reveals that the land allotment proposal in respect of the petitioner herein, was approved by the Sub-Divisional Land Advisory Committee, however, the same could not be taken to its logical inclusion, inasmuch as, on examination of the said proposal, it was found that the land of the petitioner falls within 75 ft., from the middle point of the PWD Road. It is also brought on record that the application of the petitioner was again re-examined, however, the same still having been found to fall within 75 ft from the middle point of the PWD Road, the proposal of the jurisdictional SDLAC, was not taken to its logical conclusion. The report further, highlights that the eviction process in the area was so carried out in presence of the Jurisdictional Sub-Divisional Magistrate and Page No.# 3/4 the parties were given adequate time for removal of their goods and furniture and only thereafter, the eviction was so carried. The reports highlight that the petitioner herein, is in possession of land measuring 3 Bigha, 0 katha 15 lechas, covered by periodic Patta No.3, Dag No. 162 at Mohghuli Chapori under Dhakuakhana Town. Accordingly, it was contended that the petitioner does not belong to a landless family and he would not be covered by the provisions of the Assam Land Policy, 2019. It is to be noted that the disclosure as made in the report as placed before this Court from the jurisdictional Deputy Commissioner, was also brought on record by the respondent authorities by way of filing an affidavit through the Deputy Commissioner, Lakhimpur. The petitioner has not preferred any rejoinder to the said affidavit disputing the contentions so raised there. In view of the above position, this Court is of the considered view that the grievance raised in the present proceeding, including the prayer for compensation would not merit consideration. Accordingly, the writ petition stands dismissed. However, there would be no order as to costs. At this stage, the learned counsel for the petitioner submits that the petitioner be given liberty to approach the appropriate forum praying for compensation in relation to the loss purportedly, suffered by him on account of the eviction so carried out by the respondent authorities. It is open to the petitioner to institute such proceeding before the appropriate forum and in the event of any such proceeding being instituted; the dismissal of the present case would not bar consideration of the same in Page No.# 4/4 the light of any policy existing in this connection, on merits, by such appropriate authority/forum. A copy of the communication dated 23.01.2025, furnished by Ms. U. Das, learned Addl. Senior Government Advocate is kept on record and marked as ‘X’ for identification. JUDGE Comparing Assistant