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2025 DAILYLAW 20168 (GAU)

JAMILA BIBI AND 4 ORS v. THE STATE OF ASSAM AND 4 ORS

WP(C)/5950/2025 · 2025-10-21

Sanjay Kumar Medhi

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/4 GAHC010225332025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5950/2025 JAMILA BIBI AND 4 ORS D/O- JAMAT ALI, R/O- HAKAMA PART-V, P.S. BILASIPARA, DIST. DHUBRI, ASSAM, PIN- 783348. 2: AMINA KHATUN D/O- JAMAT ALI R/O- HAKAMA PART-V P.S. BILASIPARA DIST. DHUBRI ASSAM PIN- 783348. 3: SALEHA BEGUM D/O- JAMAT ALI R/O- HAKAMA PART-V P.S. BILASIPARA DIST. DHUBRI ASSAM PIN- 783348. 4: MOHIBUL ALI S/O- JAMAT ALI R/O- HAKAMA PART-V P.S. BILASIPARA DIST. DHUBRI ASSAM PIN- 783348. 5: JESMINA KHATUN D/O- JAMAT ALI R/O- HAKAMA PART-V P.S. BILASIPARA DIST. DHUBRI ASSAM Page No.# 2/4 PIN- 783348 VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, REVENUE AND L.R. DEPARTMENT, DISPUR, GUWAHATI- 06. 2:THE DISTRICT COMMISSIONER DHUBRI DISTRICT- DHUBRI ASSAM PIN -783301. 3:THE ADDITIONAL DISTRICT COMMISSIONER CUM CALA DHUBRI ASSAM PIN 783301 4:THE CIRCLE OFFICER BILASIPARA REVENUE CIRCLE PO BILASIPARA DISTRICT DHUBRI ASSAM PIN 783348 5:SOFURUDDIN SHEIKH S/O- LATE MOYEZUDDIN SK RESIDENT OF BILASIPARA WARD NO. 8 BOTERTAL P.S. BILASIPARA DISTRICT- DHUBRI ASSAM PIN 78334 Advocate for the Petitioner : MR M A ISLAM, MR J I MONDAL Advocate for the Respondent : GA, ASSAM, SC, REVENUE Page No.# 3/4 BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI ORDER 22.10.2025 Heard Shri M.A. Islam, learned counsel for the petitioners. Also heard Shri H. Sharma, learned Addl. Senior Government Advocate, Assam as well as Ms. P.R. Mahanta, learned Standing Counsel, Revenue Department. In view of the order proposed to be passed, notice upon the respondent no. 5 is not required to be issued. As per the facts projected, the grandfather of the petitioners was a pattadar of a plot of land measuring 2B-0K-6L covered by Dag No. 110, Patta No. 13 who had died about 2 decades back leaving behind 5 legal heirs including the deceased mother of the petitioners. The said land was however acquired for the construction of a Railway Over Bridge at Beltoli, Bilasipara and a total compensation amount of Rs.12,35,520/- (Rupees Twelve Lakhs Thirty Five Thousand Five Hundred Twenty) was awarded in the Land Acquisition Case being L.A. Case No. 1/ 2023 vide Award No. 23. The grievance of the petitioners is that such compensation was awarded in favour of the respondent no. 5 and the petitioners who are the legal heirs of the original pattadar have been deprived of their share. It is also contended that no notice was even issued to the petitioners. Shri H. Sharma, the learned State Counsel as well as Ms. P.R. Mahanta, learned Standing Counsel, Revenue Department has however submitted that the recourse is given in the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 whereby an Page No.# 4/4 aggrieved party can approach the CALA. This Court has also been informed that vide notification, the Additional District Commissioner of the concerned district is CALA. In the instant case, no application appears to have been filed by the petitioners before the CALA. In view of the above, this writ petition is closed by giving liberty to the petitioners to file appropriate application before the concerned CALA and if such application is filed, the same is directed to be considered and disposed of by a reasoned order. Such consideration is to be made by giving opportunity of hearing to all the stakeholders. Writ petition accordingly stands disposed of. Such disposal is to be made expeditiously and preferably within an outer limit of 3 (three) months from the date of filing of such application. JUDGE Comparing Assistant