WP(C)/1720/2024 of MD. BAHAR UDDIN AND 4 ORS Vs THE STATE OF ASSAM AND 5 ORS on 16 June 2026

ORDER

Date : 17-06-2026 This Court on 15.06.2026 had passed the following order :- There is no representation on behalf of the petitioner today on call.

2. Heard Mr. B.J. Talukdar, learned Senior Counsel assisted by Mr. P.K. Medhi, learned Government Counsel for the respondent no. 1, 2 & 4; Ms. P. Thapa, learned counsel on behalf of Mr. S. Dutta, learned Standing Counsel, Panchayat & Rural Development Department for the respondent no. 3; and Mr. I.A. Talukdar, learned counsel for the respondent no. 6.

3. The case of the petitioners is that they are bona fide settlement holders of a plot of land measuring 2 Bighas 2 Kathas 8 Lessas, covered by Dag no. 412 and Annual Patta No. 43 situate at Village – Singh Gaon under Kaki Mouza, Lanka Revenue Circle, District – Hojai [‘the subject-plot’, for short]. It is the further case of the petitioner that they were evicted from the subject-plot suddenly on 07.05.2023 by the officers of the Lanka Revenue Circle without any kind of notice. The petitioners have claimed that on 08.05.2023, the respondent no. 3 along with the respondent no. 5 issued a Tender Notice for settling of a market viz. Phultoli Weekly Bazar on the subject-plot.

4. In Paragraph-6 of the writ petition, the petitioners have averred as under :-

6. That since then the Petitioners are peacefully occupying the same and carrying out their cultivation. However, to the matter of utter shock suddenly on 07.05.2023 the officials of the Lanka Revenue Circle entered their plot of land and forcefully sealed their houses and evicted them out without issuing any notice to them and on the very next date i.e on 08.05.2023 issued one letter bearing No. OAP/BHF/Tender/2023-24 794 dated 08.05.2023 inviting tender for Phultoli Weekly Bazar.

5. In the affidavit-in-opposition filed by the respondent no. 4, the respondent no. 4 has stated as under :-

3. That with regard to the statement made in paragraph No. 3 of the writ petition, the answering deponent begs to state that as per documents submitted by applicant land measuring 2 Bigha 2 Katha 8 Lessa bearing Dag No.412 of A.P. No. 43 of Sing Gaon Kissam under Kaki Mouza stands recorded in the name of applicants. The said land was mutated to the applicants from Aksona Pattadar Late Mustan Ali by mutation by inheritance. Annexure A & B of the writ petition are issued from the office of the deponent i.e. the office of the Circle Office, Lanka Revenue Circle, Lanka.

4. That with regard to the statements made in paragraph No. 4 and 5 of the writ petition, the answering deponent begs to state that as per the order, Annexure- C of the writ petition, passed by Additional Deputy Commissioner [Revenue] Nagaon, the scheduled land is not fit for approval of Non Renewal [N.R.] till the possession of the Annual lease pattadar.

5. That with regard to the statement made in paragraph No. 6 of the writ petition, the answering deponent begs to state that as per office record no eviction notice was issued from this office. Annexure ‘E’ of the writ petition was not issued from this office.

6. From the above facts, there appears to be no cause of action to proceed further with the writ petition. However, as the learned counsel for the petitioners is found absent today on call, list the case, for ends of justice, again on 17.06.2026.

7. In the event, none appears for the petitioners on that day, the writ petition will be dismissed for non-prosecution. Today also, when the case is called up, none has appeared for the writ petitioner on call.

In view of non-representation on behalf of the petitioner on two continuous occasions, this Court is persuaded to form a view that the petitioner is not interested to pursue the writ petition. Therefore, the writ petition is dismissed for non-prosecution.

JUDGE Comparing Assistant