Page No.# 1/5 GAHC010007012016 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/388/2016 1. GOPAL KRISHNA TEA COMPANY PRIVATE LIMITED A REGD. COMPANY HAVING ITS REGD. OFFICE AT MARWARI PATTY JORHAT P.O. and P.S. and DIST- JORHAT ASSAM AND HAVING ITS TEA ESTATE AT P.O. KILLING VALLEY DIST- MORIGAON ASSAM PIN-782413 AND IS REP. BY ITS GENERAL MANAGER AND AUTHORISED REPRESENTATIVE SHRI RAHUL SRIVASTAVA. VERSUS 1. THE STATE OF ASSAM AND 5 ORS REP. BY THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM REVENUE AND DISASTER MANAGEMENT DEPTT. DISPUR GHY-19 ASSAM 2:THE SECY. TO THE GOVT. OF ASSAM REVENUE L.R. DM DEPTT. DISPUR GHY-6 ASSAM 3:THE DY. SECY. TO THE GOVT. OF ASSAM REVENUE and MD LR DEPTT. DISPUR GHY-6 ASSAM Page No.# 2/5 4:THE DY. COMMISSIONER MORIGAON ASSAM PIN-782413 5:THE ADDL. DY. COMMISSIONER MORIGAON ASSAM PIN-782413 6:THE CIRCLE OFFICER MORIGAON REVENUE CIRCLE MORIGAON ASSAM PIN-782413 ------------ Advocate for : MR.A CHETIA Advocate for : appearing for THE STATE OF ASSAM AND 5 ORS BEFORE HON’BLE MR. JUSTICE KARDAK ETE O R D E R Date : 06.05.2025. Heard Mr. G.N. Sahewalla, learned Senior Counsel assisted by Ms. T.J. Sahewalla, learned counsel for the petitioner. Also heard Ms. T.R. Mahanta, learned standing counsel for the Revenue Department for respondent Nos.1 & 2 and Mr. B.J. Talukdar, learned Addl. Senior Govt. Advocate assisted by Mr. P.K. Medhi, learned counsel for the respondent Nos.3, 4 & 5. 2. By filing this writ petition, the petitioner has put to challenge the notice dated 21.12.2015, issued by the Circle Officer, Morigaon Revenue Circle, whereby, the petitioner has been directed to vacate the plot of land measuring Page No.# 3/5 28 Bigha 4 Katha 2 Lecha at Mouza Uttarkala of No.2 Nellie Government Dag No.197, 218, 220, 197 (226) & 197 (227). 3. The case of the petitioner in brief is that the petitioner has been growing tea bushes since 1963 over a total area of land measuring 425 hectres, by way of tea plantation including the area of 28 Bigha 4 Katha 2 Lecha. The area of 28 Bigha 4 Katha 2 Lecha out of 425 hectres is admittedly Government land. 4. The petitioner initially offered alternative land of equal area to the land it occupied for tea cultivation measuring 28 Bigha 4 Katha 2 Lecha, adjacent to the Tea Estate of the petitioner. The petitioner having admittedly occupied the aforesaid area of the Government land for tea plantation, which is in the center of the tea estate, has offered the Government for exchange the land of Dag No.208 & 210 of Redeem Grant—I, belonging to the garden. 5. On such offer, the Circle Officer, Morigaon Revenue Circle has verified the tea estate and found that the said land offered by the petitioner are being occupied by some local people by constructing dwelling houses, for which the proposal could not be materialized. 6. Having confronted with such situation, the petitioner has offered another alternative land located at Dag No.29 (part) and 44 (part), measuring 28 Bigha 4 Katha 4 Lecha of Mouza Uttarkala of village Nelliechabagan No.2, in exchange of the said land already in possession of the petitioner. 7. Mr. G.N. Sahewalla, learned Senior Counsel for the petitioner, referring to the additional affidavit filed by the petitioner, submits that the second alternative land, offered to the Government is located adjacent to the Tea Estate Page No.# 4/5 and is a vacant land. The land is fit for cultivation and there is no dwelling house. Therefore, the land located at the Dag No.29 (part) and 44 (part), measuring 28 Bigha 4 Katha 4 Lecha of Mouza Uttarkala of village Nelliechabagan No.2, may be directed to be taken from the petitioner in exchange of the land measuring 28 Bigha 4 Katha 2 Lecha of Mouza Uttarkala of No.2 Nellie Government Dag No.197, 218, 220, 197 (226) & 197 (227). 8. Mr. B.J. Talukdar, learned Addl. Senior Govt. Advocate submits that since the initial land offered by the petitioner are being occupied by the petitioner and not fit to be exchanged and if the petitioner has alternative land which the petitioner seeks to offer, the petitioner may approach the concerned authority, by placing his grievance, so that appropriate consideration may be made. 9. Having considered the submissions of learned counsel for the parties and also in the facts and circumstances of the case, particularly to the effect that the land from which the petitioner is sought to be evicted is a Government land, which falls within the tea garden of the petitioner and the petitioner having offered an alternative plot of land for which the respondent authorities are yet to consider, I am of the considered view that no determination is required to be made to the legality or otherwise of the impugned notice dated 21.12.2015, issued by the Circle Officer, Morigaon Revenue Circle directing the petitioner to vacate the land measuring 28 Bigha 4 Katha 2 Lecha of Mouza Uttarkala of No.2 Nellie Government Dag No.197, 218, 220, 197 (226) & 197 (227). 10. Thus, it would be appropriate to direct the petitioner to approach the District Commissioner, Morigaon District for consideration of his grievance for exchange of the land, which he is in occupation. Accordingly, the writ petition is Page No.# 5/5 disposed of with direction to the petitioners to approach the District Commissioner, Morigaon District by placing his grievance, as regards the alternative plot in exchange of the land measuring 28 Bigha 4 Katha 2 Lecha of Mouza Uttarkala of No.2 Nellie Government Dag No.197, 218, 220, 197 (226) & 197 (227), which the petitioner has offered the land at Dag No.29 (part) and 44 (part), measuring 28 Bigha 4 Katha 4 Lecha of Mouza Uttarkala of village Nelliechabagan No.2, within a period of fifteen (15) days from today. On such approach, the District Commissioner, Morigaon District shall consider the case of the petitioner, within a period of two (2) months thereafter. 11 The writ petition stands disposed of. JUDGE Comparing Assistant