Page No.# 1/5 GAHC010039522025 2025:GAU-AS:4632 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1057/2025 NAGARJHAR NAU-JUWAN CLUB AND LIBRARY AND 2 ORS. A REGISTERED SOCIETY REPRESENTED BY ITS SECRETARY SHARFUL ALOM, AGED ABOUT 48 YEARS SON OF LATE SOHRAB ALI RESIDENT OF VILLAGE- NAGARJHAR, P,O. AND P.S.- HOWLY, DISTRICT - BARPETA, ASSAM. PIN- 781316 2: ANISUR RAHMAN SON OF LATE MAHMUDUR RAHAMN RESIDENT OF VILLAGE- NAGARJHAR VILLAGE P.O. AND P.S.- HOWLY DISTRICT- BARPETA ASSAM. PIN-781316 3: HAFIZUR RAHMAN SON OF LATE ALI AJGAR RESIDENT OF VILLAGE- JAIPUR P.O. AND P.S.- HOWLY DISTRICT- BARPETA ASSAM. PIN-78131 VERSUS THE STATE OF ASSAM AND ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY OF THE GOVERNMENT OF ASSAM, SECONDARY EDUCATION DEPARTMENT, JANATA BHAWAN, DISPUR, ASSAM, PIN- 781006 Page No.# 2/5 2:THE SECRETARY OF THE GOVERNMENT OF ASSAM SPORTS AND YOUTH WELFARE DEPARTMENT JANATA BHAWAN DISPUR ASSAM. PIN- 781006 3:THE DIRECTOR SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI- 781019 4:THE DIRECTOR SPORTS AND YOUTH WELFARE RUDRA SINGH SPORTS COMPLEX SUPER MARKET DISPUR ASSAM GUWAHATI-781006 5:THE CHIEF ENGINEER PUBLIC WORKS DEPARTMENT BUILDING CHANDMARI GUWAHATI- 781003 6:THE CHIEF ENGINEER PUBLIC WORKS DEPARTMENT BUILDING CHANDMARI GUWAHATI- 781003 7:THE ADDITIONAL DISTRICT COMMISSIONER (EDUCATION) P.O. AND P.S.- BARPETA DIST.- BARPETA ASSAM. PIN-781301 Page No.# 3/5 8:THE INSPECTOR OF SCHOOLS BARPETA ASSAM P.O. AND P.S.- BARPETA DIST.- BARPETA ASSAM. PIN-781301 9:THE DISTRICT SPORTS OFFICER GANDHINAGAR BARPETA P.O. AND P.S.- BARPETA DIST.- BARPETA ASSAM. PIN-781301 10:THE PRINCIPAL HILAPAKARI HIGHER SECONDARY SCHOOL JAIPUR HOWLY BARPETA P.O. AND P.S.- BARPETA DIST - BARPETA ASSAM. PIN-781316 11:THE PRESIDENT SCHOOL MANAGEMENT AND DEVELOPMENT COMMITTEE HILAPAKARI HIGHER SECONDARY SCHOOL JAYPUR HOWLY BARPETA ASSAM PIN-78131 Advocate for the Petitioner : MR. N J DUTTA, MR A BASUMATARY,M RAHMAN,MR N AHMED Advocate for the Respondent : GA, ASSAM, SC, SEC. EDU.,SC, PWD Page No.# 4/5 BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY ORDER 11.04.2025 1. Heard Mr. N. J. Dutta, learned counsel for the petitioner. Also heard Ms. U. Das, learned Additional Senior Government Advocate, Assam, representing the respondent Nos. 6 and 7. 2. The petitioners alleges that construction of new school building of Hilapakri Higher Secondary School is being carried out over land under Dag No. 133 by encroaching into a football field, which is being used not only the student of the School but also the residence of the locality and the villages. 3. In the aforesaid backdrop, this Court enquired as regard status of the construction more particularly, whether the School field is kept open or the building is constructed over the School field under Dag No. 133. 4. An affidavit has been filed by the respondent No. 7 i.e. Additional District Commissioner, Barpeta, wherein it is admitted at paragraph 5 that the nearby public including the petitioner’s club uses the ground for sporting activities with due permission for the School authority and such activities can still be carried out after construction of the new building. At paragraph-6, it is also a stand that for games and sports of the nearby public and for the students of the school, there will be enough space. At paragraph 7, a specific stand has been taken to the effect that the construction of the new building is carried out over the land under Dag Nos. 148 and 134. 5. The petitioner do not dispute that the field for which they have raised their concern is covered under Dag No. 133. Page No.# 5/5 6. In view of the aforesaid, this Court can safely conclude from the affidavit that the school building is not constructed over the Dag No. 133. 7. The petitioner has also filed an additional affidavit responding to the affidavit filed by the respondent No. 7 i.e. Additional District Commissioner, Barpeta, annexing a map, which also goes to show that that the Dag Nos. 134 and 148, where the construction is being carried out is in the boundary of the Dag No. 133 where the field is situated. The petitioner has taken a specific stand at paragraph 6 that they have no objection if the construction is carried out in Dag No. 134 and 148. 8. In view of the aforesaid, the grievances of the petitioners are redressed. 9. This Court is also of the view that a field should be there in a School, as far as practicable more particularly, and when the same is available, it should not be encroached by constructing a building, more particularly, when there are land available for construction, which is also admitted by the respondent authority. 10. Therefore, in view of the aforesaid consensus, this writ petition stands closed. However, it is needless to say that no construction should be made over the football field under Dag No. 133. JUDGE Comparing Assistant