Page No.# 1/5 GAHC010058672025 2025:GAU-AS:3929 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1629/2025 ABU YUSUF CHOUDHURY S/O- LATE LALU MIA CHOUDHURY, VILL- RANGAUTI PART III, P.O- RANGAUTI, P.S AND DIST- HAILAKANDI, ASSAM, PIN-788155 VERSUS THE STATE OF ASSAM REP, BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM, REVENUE AND DISASTER MANAGEMENT DEPARTMENT DISPUR, GHY-6 2:THEE DISTRICT COMMISSIONER HAILAKANDI ASSAM PIN-788151 3:THE ADDL. DISTRICT COMMISSIONER LA/EXECUTIVE MAGISTRATE HAILAKANDI ASSAM PIN-788151 4:SARIF UDDIN CHOUDHURY S/O- LATE ALTAF UDDIN CHOUDHURY VILL- RANGAUTI PART I P.O- RANGAUTI P.S AND DIST- HAILAKANDI Page No.# 2/5 ASSAM PIN-788155 5:SABIYA BEGUM CHOUDHURY W/O- ANAM UDDIN LASKAR R/O- HAILAKANDI TOWN WARD NO-IX P.O- RANGAUTI P.S AND DIST- HAILAKANDI ASSAM PIN-788155 6:FOZIA BEGUM CHOUDHURY W/O- LATE ANSARUL HAQUE LASKAR VILL- RANGAUTI PART III P.O- RANGAUTI P.S AND DIST- HAILAKANDI ASSAM PIN-788155 7:FAIZUR RAHMAN CHOUDHURY S/O- LATE GULAM MUSTAFA CHOUDHURY VILL- RANGAUTI PART I P.O- RANGAUTI P.S AND DIST- HAILAKANDI ASSAM PIN-788155 8:NURUL ISLAM LASKAR S/O- LATE SAJID RAJA LASKAR VILL- ALGAPUR PART V P.S-ALGAPUR DIST- HAILAKANDI ASSAM PIN-78815 Advocate for the Petitioner : MR. S B LASKAR, F R LASKAR,A. H. AHMED,MS D DUTTA,MR. A S TAPADER Advocate for the Respondent : SC, REVENUE AND DISASTER MANAGEMENT DEPT, GA, ASSAM Page No.# 3/5 BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER 24.03.2025 Heard Mr. S.B. Laskar, learned counsel for the petitioner; Ms. P.R. Mahanta, Revenue & Disaster Management Department for the respondent no. 1; and Ms. M. Barman, learned Junior Government Advocate, Assam for the respondent nos. 2 & 3. 2. In view of the limited nature of grievance raised in this writ petition and as agreed to by the learned counsel for the parties, the writ petition is taken up for disposal at the motion stage itself. 3. The petitioner has claimed that he is the owner of two plots of land measuring - [i] 6 Chatak 13 Gonda, covered by Dag no. 570 & Patta no. 243 [‘the subject-plot no. 1’, for short]; and [ii] 1 Katha 3 Chatak 7 Gonda, covered by Dag no. 571 & Patta no. 244 [‘the subject-plot no. 2’, for short]. It is that the subject-plot no. 1 and the subject-plot no. 2 situate at Village – Rangauti Part-I, Mouza - Rangauti Part-I, Hailakandi Revenue Circle, District – Hailakandi. The claim of ownership of the petitioner is based on a registered Sale Deed no. 3555 dated 08.10.1999 registered before the Sub-Registrar, Hailakandi. 4. The petitioner has claimed that the afore-mentioned two plots of land have come under the purview of land acquisition under the Asom Mala Project initiated for ‘Widening of Hailakandi – Silchar Medical College Road’. In so far as the subject-plot no. 2 is concerned, there is a litigation pending presently before the Court of learned Munsiff, Hailakandi in the form of Title Suit no. 17 of 2014 between the petitioner as one of the plaintiffs where the respondent no. 7 and the respondent no. 8 are also the plaintiff no. 3 and the plaintiff no. 4 respectively. In respect of the subject-plot no. 2, another suit, Title Suit no. 28/2022 [original, Title Suit no. 87 of 2021] between the respondent no. 7 as the plaintiff and the petitioner [the defendant no. 1] and the respondent no. 6 [the defendant no. 2] as defendants is also Page No.# 4/5 pending before the learned Munsiff no. 1, Hailakandi. As regards the matter of compensation and for determination of the person interested in respect of the subject-plot no. 2, a proceeding, Misc. Case no. 09/2024 is also pending before the learned Additional District Commissioner [L.A.]/Executive Magistrate, Hailakandi. It is the case of the petitioner that in so far as the subject-plot no. 1 is concerned, there is no dispute on the point that the petitioner is the owner/person interested, who is entitled to receive the compensation determined in the concerned land acquisition process. 3. It is submitted by Mr. Laskar, learned counsel for the petitioner that claiming disbursement of the compensation amount determined in respect of the subject-plot no. 1, the petitioner submitted representations - dated 23.05.2023 and 11.02.2025 - before the District Commissioner –cum- Chairman, District Level Land Purchase Committee [DLLPC], Hailakandi. As the said representations are not disposed of till date, the petitioner is before this Court by the instant writ petition seeking inter-alia a direction to the respondent no. 2 to dispose of the said two representations of the petitioner. 4. Ms. Barman, learned Junior Government Advocate, Assam representing the respondent nos. 2 & 3 has submitted that since the petitioner has claimed that there is no dispute as regards ownership of the subject-plot no. 1 and the petitioner claiming for disbursement of the compensation amount determined in respect of the subject-plot no. 1, has already been submitted two representations before the respondent no. 2, this writ petition can be disposed of with a direction to the respondent no. 2 to consider those representations with regard to the petitioner’s claim for disbursement of compensation in respect of the subject-plot no. 2 on merits. 5. Having heard the learned counsel for the parties and considering the claims made by the petitioner [i] that there is no dispute, as on date, as regards ownership of the subject-plot no. 1; [ii] that the petitioner has already submitted two representations before the respondent no. 2 on 23.05.2023 and 11.02.2025 respectively; and [iii] that those representations have not yet been disposed of, this Court is of the considered view that instead of keeping this writ petition pending the writ petition can be disposed of with a Page No.# 5/5 direction to the respondent no. 2 to take the said two representations dated 23.05.2023 and 11.02.2025, stated to have been submitted before the respondent no. 2 by the petitioner, on board, and thereafter, to consider and dispose of the same by passing a speaking order within a period of 4 [four] weeks from the date of submission of a certified copy of this order at the office of the respondent no. 2 by the petitioner. It is accordingly ordered. It is observed that the respondent no. 2 shall consider the said representations with regard the petitioner’s claim for entitlement to receive the compensation determined in respect of the subject-plot no. 2 on the basis of the relevant records and in accordance with law and thereafter, dispose of the same on its own merits. It is further observed that this Court has not observed anything as regards the merits of the claim of the petitioner regarding his entitlement to receive compensation in respect of the subject-plot no. 1 and the respondent no. 2 is at liberty to consider and dispose of the representations on its own merits on the basis of relevant records and in accordance with law. 6. With the observations made and the directions given above, the writ petition is disposed of. There shall, however, be no order as to cost. JUDGE Comparing Assistant