Page No.# 1/4 GAHC010217482022 2025:GAU-AS:1207 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6838/2022 RAGHUNATH HALOI AND 2 ORS S/O- SRI MAHENDRA HALOI, R/O- VILL- KHATKATARA, P.S.- BORKHANAJAN, DIST.- NALBARI, PIN- 781337, ASSAM. 2: BIPUL KUMAR BARUAH S/O- SRI JOGEN BARUAH R/O- VILL.- KATLABORKUCHI P.O.- MILANPUR DIST.- NALBARI PIN- 781337 ASSAM. 3: DIPAK KALITA S/O- LATE KALICHARAN KALITA R/O- VILL. SONDHA P.O.- SONDHA DIST.- NALBARI PIN- 781337 ASSAM VERSUS THE STATE OF ASSAM AND 6 ORS. REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM, REVENUE DEPARTMENT, DISPUR, GHY-06. Page No.# 2/4 2:THE CIRCLE OFFICER NALBARI REVENUE CIRCLE DIST.- NALBARI PIN- 781337 ASSAM. 3:THE STATE OF ASSAM REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM PUBLIC WORKS DEPARTMENT DISPUR GHY-06. 4:THE DEPUTY COMMISSIONER NALBARI O/O. THE DEPUTY COMMISSIONER NALBARI PIN- 781337 ASSAM. 5:THE NALBARI MUNICIPAL BOARD REPRESENTED BY ITS CHAIRMAN NALBARI MUNICIPAL BOARD PIN- 781337 ASSAM. 6:THE CHIEF EXECUTIVE OFFICER NALBARI MUNICIPAL BOARD O/O THE CHIEF EXECUTIVE OFFICER NALBARI MUNICIPAL BOARD PIN- 781337 ASSAM. 7:ASSAM DIPLOMA ENGINEERS SERVICE ASSOCIATION REP. BY ITS ZONAL SECRETARY NALBARI (PHE) CIRCLE NALBARI- 781337 ASSAM Advocate for the Petitioner : MR. S K GOSWAMI, MR. N BARMAN Page No.# 3/4 Advocate for the Respondent : SC, REVENUE, MR. A KAKATI (R- 5,6),MR. J ISLAM(R- 5,6),MR. A S ALI(R- 5,6),MR. S A B KHABIR(R- 5,6),SC, PWD,GA, ASSAM BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER Date : 05.02.2025 Heard Mr. S. K. Goswami, learned counsel for the petitioners. Also heard Ms. G. Hazarika, learned Standing Counsel, Revenue Department appearing for the respondent no. 1 and Ms. N. Barman, learned Government Advocate appearing for the respondent no. 2 & 4; Mr. P. Nayak, learned Standing Counsel, PWD, appearing for the respondent no. 3 as well as Mr. S. A. B. Khabir, learned counsel appearing for the respondent nos. 5 & 6. The petitioners, in the present proceeding, has raised a grievance with regard to the action taken by the respondent nos. 5 & 6 in proposing to evict them from the land under their possession. It is the contention of the petitioners that the land presently occupied by them was allotted to the respondent no. 7 association and accordingly, they are running their shops in the said plot of land as tenants of the respondent no. 7. Ms. N. Barman, learned Government Advocate appearing for the respondent nos. 2 & 4, on instructions, submits that as per the record maintained, the land in question, covered by Dag No. 508 was allotted to the Assam Diploma Engineers Service Association (respondent no. 7). The said position is not disputed to by the learned counsel for the respondent nos. 5 & 6. In view of the above position, the land not being the land so allotted to the Municipal Corporation and the same being a Patta land; and the petitioners herein, Page No.# 4/4 being the tenants of the Pattadar i.e. the respondent no. 7, the impugned action on the part of the respondent no. 5 & 6 in seeking to evict the petitioners from the said plot of land would not be sustainable. Accordingly, it is directed that in view of the fact that the petitioners are the tenants of respondent no. 7 and the respondent no. 7 being the Pattadar of the land in question, the action on the part of the respondent nos. 5 & 6 in seeking to evict the petitioners from the said plot of land would not be sustainable and accordingly, they are restrained from taking any steps in this connection. In the event, the said plot of land is allotted subsequently to the Municipal Board, action as may be called for in the matter, in accordance with law, may be permissible to be taken by it. In view of the above observations and directions, this writ petition stands allowed. A copy of the instructions received by Ms. N. Barman, learned Government Advocate and furnished to this Court, is kept on record and marked as ‘X’ for identification. JUDGE Comparing Assistant