Page No.# 1/4 GAHC010164772021 2025:GAU-AS:799 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5443/2021 THE JANIA ANCHALIK HIGH SCHOOL AND 3 ORS JANIA, DIST. BARPETA, ASSAM, REP. BY THE HEAD MASTER OF SAID SCHOOL, NAMELY AYNAL HAQUE CHOUDHURY 2: AYNAL HAQUE CHOUDHURY S/O- LT. WAZUDDIN R/O- SALEKURA P.O. JANIA P.S. AND DIST.- BARPETA ASSAM 3: THE DAPUN TATIYA VIDYALAYA JANIA DIST.- BARPETA ASSAM REP. BY THE PRINCIPLE OF SAID VIDYALAYA NAMELY AFAZ UDDIN AHMED 4: AFAZ UDDIN AHMED S/O- MOHOR ALI R/O- VILL- AND P.O. JANAI IN THE DIST. OF BARPETA ASSA VERSUS THE STATE OF ASSAM AND 4 ORS REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, REVENUE(S) DEPTT., DISPUR, GHY-06 2:THE DY. COMMISSIONER BARPETA DISTRICT BARPETA Page No.# 2/4 ASSAM PIN- 781301 3:THE CIRCLE OFFICER BAGHBAR REVENUE CIRCLE MANDIA DIST.- BARPETA ASSAM PIN- 781301 4:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM SECONDARY EDUCATION DEPARTMENT DISPUR GUWAHATI-06. 5:MISSION DIRECTOR SARVA SIKSHA ABHIJAN ASSAM KAHILIPARA GUWAHATI-19 Advocate for the Petitioner : MR B SINHA, MR. S UPADHAY Advocate for the Respondent : GA, ASSAM, MR. R MAZUMDAR (SC, SECONDARY EDU. DEPT, R-4),MR. S BORA (R NO.5),MR K P PATHAK (R NO. 4),SC, REVENUE BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER Date : 27.01.2025 Heard Mr. B. Sinha, learned counsel for the petitioner. Also heard Ms. G. Hazarika, learned Standing Counsel appearing for the Revenue and Disaster Management Department. 2. The petitioner, by way of instituting the present proceeding has presented a challenge to an Eviction Notice dated 24.09.2021. Page No.# 3/4 3. Ms. G. Hazarika, learned Standing Counsel submits that the issue involved in the present proceeding was also in issue in the proceeding of WP(C) No. 2893/2016, wherein, the present petitioner was arrayed as respondent no. 5. 4. The Co-ordinate Bench of this Court, vide the order dated 22.11.2023, disposed of the said writ petition being WP(C) No. 2893/2016 along with WP(C) No. 7629/2015, inter alia, interfering with the recommendations as made for settlement of land in favour of the petitioner, herein. 5. The conclusions and directions passed by the Co-ordinate Bench of this Court, vide said order dated 22.11.2023, being relevant is extracted herein below:- “5. From a perusal of the above-quoted Clause-6 as well as its Sub-clauses, it reveals that the land under the V.G.Rs and P.G.Rs would not further be decreased by way of de-reservation or allotment etc. except for public purposes under special circumstances as defined by judicial pronouncements. In view of the land policy of the Government of Assam, being the Land Policy, 2019 as well as the judgment rendered by the Hon’ble Supreme Court in the case of Jagpal Singh (supra), the land in question, which have been specifically reserved as Village Grazing Reserve, in the opinion of this Court, cannot be settled in favour of either the petitioners or the private respondent No. 5. Under such circumstances, this Court is of the opinion that no writ can be issued directing the respondent authorities to consider settlement of the land in question in favour of the petitioners. This Court, therefore, sets aside and quashes the recommendations so made in favour of the private respondent No. 5 for settlement of the land covered by Dag No. 632. Be that as it may, this Court, taking into account that the petitioners herein are the families affected by the erosion of Beki river and also that the respondent No. 5 is running a school since the year 2000, grants opportunity to both the petitioners as well as the respondent No. 5 to file appropriate application to the authority concerned, within a period of 30 days from today, seeking settlement of other waste land of the Government of Page No.# 4/4 Assam. This Court further directs the revenue authorities as well as the Deputy Commissioner, Barpeta, to consider the application(s) to be filed by the petitioners as well as the respondent No. 5 seeking settlement as per the Land Policy, 2019 and keeping in view that the petitioners herein are erosion affected families and the respondent No. 5 is running a school. It is made clear that if the petitioners as well as the respondent No. 5 file application(s), within 30 days from today seeking allotment of other waste lands of the Government of Assam, the petitioners as well as the respondent No. 5 shall not be evicted from the present occupation till disposal of their applications for settlement.” 6. In view of the above directions passed by the Co-ordinate Bench, this Court is of the considered view that no further live issue arises for consideration in the present proceeding; and the issue raised in the present proceeding would be covered by the directions so passed by the Co-ordinate Bench of this Court, vide the said order dated 22.11.2023. 7. In view of the above, the present writ petition stands closed. JUDGE Comparing Assistant