WP(C)/6376/2012 of JOYMAL DUTTA Vs THE STATE OF ASSAM AND 3 ORS on 21 December 2012

WP(C) 6376/2012BEFORE

THE HON’BLE MR. JUSTICE B.K. SHARMA

As stated in the writ petition, the petitioner is in possession of the land measuring 6 Bigha covered by Dag No. 250 and 251 (Old) situated at Village-Tekjuri under Dhemaji Mouza, Dhemaji. The land was mutated in the name of the petitioner by order dated 17.3.2003 of the circle Officer. Annual Patta in respect of the land was also issued to him. Thereafter, the Circle Officer, Dhemaji revenue Circle by his order dated 5.3.2008 directed the petitioner to deposit premium for the land for periodic patta. Accordingly, on 19.3.2008, the petitioner deposited the requisite premium and vide order dated 1.4.2008 the periodic patta No. 51 andDag No. 509 was created from original Dag No. 250 and 251 and the same was issued in the name of the petitioner. Since then, the petitioner has been paying land revenue for the entire land.

When the matter rested thus, the Deputy Secretary to the Government of Assam in the Education (T) Department vide its Notification dated 25.9.2010 invites offerfor establishing Engineering Colleges in Public Private Partnership at Dhemaji and for the purpose land measuring 276 Bighas 4 kathas 7 Lechas was identified in the Village-Tekjuripan of Dhemaji Mouza in Dhemaji. The land of the petitionerwas also included in the land allotted for the college, without, however, putting the petitioner to any kind of notice and/or acquisitioned the land following the procedure for acquisition. Thereafter the petitioner enquired about the matter, to which, the Deputy Commissioner by his letter dated 20.8.2011 (Annexure-J)intimated the petitioner that his land was wrongly included in the plot of landas the then Lat Mondal wrongly made the proposal. However, the letter also states that the land presently under occupation of the petitioner has been reserved for Dhemaji Engineering College.

Pursuant to the inclusion of the land of the petitioner as aforesaid, the same was reflected in the Jama Bandi for surveyed villages (Annexure-B). However, since the land of the petitioner was excluded for the purpose in question, the petitioner made representation to the Land Revenue Department for necessary correction in the revenue record. The same being not yielded any result, he has filed theinstant writ petition.

I have heard Mr. R.K. Datta, learned counsel for the petitioner as well as Mrs. V.L. Singh, learned Standing Counsel, Revenue Department. I have also heard Ms. R. Chakraborty, learned Standing Counsel, Education Department. Considering the matter in its entirety and having regard to the limited grievance raised by the petitioner, this writ petition is disposed of directing the Secretary, Land Revenue Department to take on record the Annexure-K representation dated 12.7.2012 and dispose of the same taking note of all the attending facts and circumstances and in accordance with law. Let the representation be disposed of as expeditiously as possible, preferably within 31.1.2013. Whatever may be theoutcome of the consideration of the representation in the above manner, sane shall be communicated to him.

The petitioner may obtain a certified copy of this order and furnish the same before the Secretary, Land Revenue Department along with the copy of the writ petition and its enclosures.The writ petition is disposed of.