Page No.# 1/4 GAHC010237822023 2025:GAU-AS:3664- DB THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WA/43/2025 EAJUL HOQUE S/O LATE ALIMUDDIN AHMED, R/O MILLIJULI PATH, SATGAON NOPARA, P.S.- SATGAON, P.O.- UDAYAN BIHAR, KAMRUP (M), ASSAM. VERSUS BADRUL ISLAM AND 12 ORS. S/O MAKRAM ALI, R/O FLAT NO. B2 AND C 2ND FLOOR BLOCK- 3A REGENT PARADISE, GHORAMARA, P.O.- GHORAMARA, P.S.- HATIGAON, DIST.- KAMRUP (METRO) ASSAM, GUWAHATI- 781038. 2:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM REVENUE AND DISASTER MANAGEMENT DEPARTMENT DISPUR GUWAHATI-6. 3:THE DEPUTY COMMISSIONER KAMRUP METRO GUWAHATI. 4:GUWAHATI MUNICIPAL CORPORATION REPRESENTED BY ITS COMMISSIONER PANBAZAR GUWAHATI-781001. 5:GUWAHATI MUNICIPAL DEVELOPMENT AUTHORITY REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER BHANGAGARH GUWAHATI-32 6:THE ADDITIONAL DISTRICT MAGISTRATE Page No.# 2/4 KAMRUP METROPOLITAN DISTRICT GUWAHATI. 7:THE DEPUTY COMMISSIONER OF POLICE EAST POLICE DISTRICT GUWAHATI. 8:THE DEPUTY COMMISSIONER OF POLICE CENTRAL POLICE DISTRICT GUWAHATI. 9:THE CIRCLE OFFICER DISPUR REVENUE CIRCLE BASISTHA GUWAHATI. 10:THE OFFICER IN CHARGE DISPUR POLICE STATION DISPUR GUWAHATI. 11:THE OFFICER IN CHARGE SATGAON POLICE STATION SATGAON. 12:MD. ABED ALI PRESENTLY RESIDING AT MILIJULI PATH NOAPARA BAGHORBARI DISTRICT- KAMRUP (M) ASSAM GUWAHATI-781027. 13:MD. AJHAR ALI PRESENTLY RESIDING AT MILIJULI PATH NOAPARA BAGHORBARI DISTRICT-KAMRUP (M) ASSAM GUWAHATI-781027 For petitioner/appellant(s) : Mr. B. Sinha, Advocate Mr. S. Saikia, Advocate For respondent(s) : Mr. S. Bora, Advocate Mr. N. Das, GA, Assam Mr. D.P. Borah, Advocate Page No.# 3/4 – BEFORE – HON’BLE THE CHIEF JUSTICE MR. VIJAY BISHNOI HON’BLE MR. JUSTICE N. UNNI KRISHNAN NAIR 28.03.2025 (Vijay Bishnoi, CJ) This writ appeal is filed by the appellant being aggrieved with the order dated 12.05.2023, passed by the learned Single Judge in WP(C) No. 5715/2022. The said writ petition was filed by one Badrul Islam, who is respondent No. 1 in this appeal, contending that he is the recorded Pattadar of a plot of land measuring 1 Katha 5 Lecha covered by Dag No. 4534 of K.P. Patta No. 2985 (new)/111 (old) of Revenue Village Hengrabari, Mouza Beltola, District Kamrup (M), Assam. He raised a grievance that the respondent Nos. 11 and 12 in the writ petition took advantage of the absence of the appellant and forcefully occupied the land situated in front of the appellant’s land, which was being used as a public road, thereby blocking the ingress and egress from the appellant’s land. It is noticed that in WP(C) No. 5715/2022 the appellant was not a party. Pursuant to the notice issued by the writ Court, the respondent State filed an affidavit-in-opposition wherein the fact regarding encroachment over the public land in front of the appellant’s land was substantiated. Taking into consideration the report of the concerned Lot Mondal and the other material available on record, the learned Single Judge, vide order dated 12.05.2023 has disposed of the writ petition No. 5715/2022. The writ Court, keeping in view Rule 18 of the Assam Land & Revenue Regulation, 1886 and the fact that construction had been made on public land, directed the respondent authorities to take necessary action to remove the encroachment from the public land. It was further directed that the entire exercise should be conducted Page No.# 4/4 by the authorities within two months from the date of receipt of a certified copy of the order after giving notice to the new occupants therein. It appears that pursuant to the said direction given by this Court, a notice dated 10.07.2023 was issued to the appellant and the appellant immediately filed a writ petition, being WP(C) No. 4082/2023 assailing the validity of the said notice. However, WP(C) No. 4082/2023 was ultimately came to be dismissed by the learned Single Judge vide order dated 01.10.2024 upholding the validity of the notice issued to the appellant herein. Now, by way of the instant writ appeal, the appellant is assailing the impugned order dated 12.05.2023 passed by the writ court in WP(C) No. 5715/2022, wherein he was not impleaded as party. It is to be noticed that before filing this intra-court appeal, the appellant has not moved any application seeking leave of this court for filing the intra- court appeal. Apart from that, once the eviction notice issued to the appellant pursuant to the impugned order dated 12.05.2023 passed by the learned Single Judge has already been upheld by the writ Court, we do not find any case for interference. Hence, this writ appeal is dismissed. JUDGE CHIEF JUSTICE Comparing Assistant