IN THE GAUHATI HIGH COURTghconline.nic.in/Judgment/WPC84532003.pdf · Md. Kurban Ali, Son of late Hasen ... 22. Md. Surat Jamal, Son of late Keramat Ali, Resident of Brahmaputra Chapari,

W.P.(C)No.8453/ 2003 Page 1 of 33 W.P.(C)No.10279/ 2003

IN THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND

ARUNACHAL PRADESH)

WRIT PETITION (C) NO.8453 OF 2003

Petitioners:

1. Md. Kurban Ali, Son of late Hasen Ali, Resident of Nijbaghmari, Post office- Burigang, Police Station- Bihali, District- Sonitpur, Assam. 2. Mohd. Abdul Jali, Son of late Saimulla Sheikh, Resident of Nijbaghmari, Post office- Burigang, Police Station- Bihali, District- Sonitpur, Assam. 3. Mohd. Fazal Rahman, Son of late Javed Ali, Resident of Nanke Japariguri, Post office- Panibharal, Police Station- Bihali, District- Sonitpur, Assam. 4. Mohd. Kuddus Ali, Son of late Saharuddin, Resident of Brahmaputra chapari, Post office- Burigang, Police Station- Bihali, District- Sonitpur, Assam. 5. Md. Saha Ali, Son of late Ashab Ali, Resident of Silamari, Post office- Burigang, Police Station- Biswanath Ghat, District- Sonitpur, Assam. 6. Md. Abdul Jalil, Son of late Sabdul Shekh, Resident of Nijbaghmari, Post office- Burigang, Police Station- Bihali, District- Sonitpur, Assam.


7. Md. Abdul Sattar, Son of late Tayazuddin Sheikh, Resident of Singimari, Post office- Biswanathghat, Police Station- Biswanath Ghat, District- Sonitpur, Assam. 8. Md. Abdul Haque, Son of late Kudrutulla Sheikh, Resident of Niralabasti, Post office- Burigang, Police Station- Bihali, District- Sonitpur, Assam. 9. Md. Akkash Ali, Son of Md. Afsuddin Sheikh, Resident of village Silamari, Post office- Burigang, Police Station- Biswanathghat, District- Sonitpur, Assam. 10. Md. Abdul Rashid, Son of Md. Joynal Abedin, Resident of Niralabasti, Post office- Burigang, Police Station- Bihali, District- Sonitpur, Assam. 11. Md. Osman Ali, Son of Late Babar Ali, Resident of Chotpam, Post office- Burigang, Police Station- Bihali, District- Sonitpur, Assam. 12. Md. Ali Akshar, Son of Md. Nurjamal, Resident of village Balidubi, Post office- Biswanathghat, Police Station- Biswanathghat, District- Sonitpur, Assam. 13. Md. Nur mohammad Ali, Son of Md. Jahib Ali, Resident of Niralabasti, Post office- Burigang, Police Station- Bihali, District- Sonitpur, Assam. 14. Md. Jafural, Son of late Minajuddin, Resident of Nankejaporiguri, Post office- Panibharal, Police Station- Biswanathchariali, District- Sonitpur, Assam.


15. Md. Samsul Haque, Son of late Rahimuddin, Resident of Nijbaghmari, Post office- Buriganh, Police Station- Bihali, District- Sonitpur, Assam. 16. Md. Khairat Ali, Son of late Jabed Ali, Resident of Nanke Japoriguri, Post office- Panibharal, Police Station- Biswanath Chariali, District- Sonitpur, Assam. 17. Abdul Ahmed, Son of late Rahimuddin, Resident of Nijbaghmari, Post office- Burigang, Police Station- Bihali, District- Sonitpur, Assam. 18. Md. Nurhaque, Son of late Hazi Akbar Ali, Resident of Nanke Japoriguri, Post office- Panibharal, Police Station- Biswanath Chariali, District- Sonitpur, Assam. 19. Md. Khalil Rahman, Son of Late Kamujuddin, Resident of Nijbaghmari, Post office- Burigang, Police Station- Bihali, District- Sonitpur, Assam. 20. Md. Nur Ali, Son of late Kumaj Sheikh, Resident of Brahmaputra Chapari, Mouza- Baghmara, Police Station- Bihali, District- Sonitpur, Assam. 21. Md. Joynal Abedin, Son of late Nashar Sheikh, Resident of Brahmaputra Chapari, Mauza- Baghmara Police Station- Bihali, District- Sonitpur, Assam. 22. Md. Surat Jamal, Son of late Keramat Ali, Resident of Brahmaputra Chapari, Police Station- Bihali, District- Sonitpur, Assam.


23. Md. Aaju Shekh, Son of Md. Makka Shekh, Resident of Chotapam, Post office- Burigang, Police Station- Bihali, District- Sonitpur, Assam. 24. Md. Osman Ali, Son of late Nalu Shekh, Resident of Nijmaghmari, Post office- Burigang, Police Station- Bihali, District- Sonitpur, Assam. 25. Md. Abbukar Ali, Son of late Oisuddin Ali, Resident of Nankejaporiguri, Post office- Panibharal, District- Sonitpur, Assam. 26. Md. Nurislam, Son of Md. Mansur Ali, Resident of Singimari, Post office- Biswanath ghat, Police Station- Biswanathghat, District- Sonitpur, Assam. 27. Md. Abdul Matin, Son of Md. Ishab Ali, Resident of Singimari, Post office- Biswanathghat, District- Sonitpur, Assam. 28. Md. Hisabuddin, Son of Md. Haziullah, Resident of Singimari, Post office- Biswanathghat, Police Station- Biswanathghat District- Sonitpur, Assam. 29. Md. Ismail, Son of Md. Abdul Sattar, Resident of Gaibandha, Post office- Biswanathghat, Police Station- Biswanathghat, District- Sonitpur, Assam. 30. Md. Hamed Ali, Son of late Hazi Iiakub Ali, Resident of Gaibandha, Post office- Biswanathghat, Police Station- Biswanathghat, District- Sonitpur, Assam.


31. Md. Samsuddin Ahmed, Son of late Mafazal Sheikh, Resident of Niralabasti, Post office- Burigang, Police Station- Bihali, District- Sonitpur, Assam. 32. Md. Islamuddin, Son of Md. Masasheikh, Resident of Singimari, Post office- Biswanathghat, Police Station- Biswanathghat, District- Sonitpur, Assam. 33. Md. Zaher Ali, Son of late Hazi Ayakub Ali, Resident of Gaibandha, Post office- Biswanathghat, Police Station- Biswanathghat, District- Sonitpur, Assam. 34. Md. Anowar Islam, Son of late Mohammad Ali, Resident of Kalakati, Post office- Tewaripal, Police Station- Satia, District- Sonitpur, Assam. 35. Md. Ansar Ali, Son of Late Naimuddin Hazi, Resident of Bhujmari, Post office- Tewari Pal, Police Station- Satia, District- Sonitpur, Assam. 36. Md. Mukshed Ali, Son of late Hazi Ayakub Ali, Resident of Gaibandha, Post Station- Gaibandha, District- Sonitpur, Assam. 37. Md. Rashid Ali, Son of late Munsar Ali, Resident of Chotapam, Post office- Burigang, Police Station- Bihali, District- Sonitpur, Assam. 38. Md. Asaruddin Sheikh, Son of Md. Abdul Azit, Resident of Brahmaputra Chapari, Post office- Burigang, Police Station- Bihali, District- Sonitpur, Assam.


39. Md. Rashid Ali, Son of Md. Bajer Ali, Resident of Brahmaputra Chapari, Post office- Burigang, Police Station- Bihali, District- Sonitpur, Assam. 40. Md. Abdul Ali, Son of late Kudrutullah Sheikh, Resident of Niralabasti, Post office- Burigang, Police Station- Bihali, District- Sonitpur, Assam. 41. Md. Ajaat Ali, Son of late Kudrutulla Sheikh, Resident of Niralabasti, Post office- Burigang, Police Station- Bihali, District- Sonitpur, Assam. 42. Md. Saiyad Ali, Son of Md. Majit Mistri, Resident of Chotapam, Post office- Burigang, Police Station- Bihali, District- Sonitpur, Assam. 43. Md. Samed Ali, Son of late Zuru Sheikh, Resident of Silamari, Post office- Burigang, Police Station- Biswanathghat, District- Sonitpur, Assam. 44. Md. Munsar Ali, Son of late Uda Sheikh, Resident of Silamari, Post office- Burigang, Police Station- Biswanathghat, District- Sonitpur, Assam. 45. Md. Chanchal Ali, Son of late Rahman Ali, Resident of Silamari, Post office- Burigang, Police Station- Biswanathghat, District- Sonitpur, Assam. 46. Md. Mazimal Haque, Son of late Hamir Sheikh, Resident of Silamari, Post office- Burigang, Police Station- Biswanathghat, District- Sonitpur, Assam.


47. Md. Mazibur Rahman, Son of Md. Matlebu Ali, Resident of Silamari, Post office- Burigang, Police Station- Biswanathghat, District- Sonitpur, Assam. 48. Md. Naser Ali, Son of Md. Hakimuddin, Resident of Silamari, Post office- Burigang, Police Station- Biswanathghat, District- Sonitpur, Assam. 49. Md. Aliazzat, Son of Md. Syed Ali, Resident of Nijmaghmari, Post office- Burigang, Police Station- Bihali, District- Sonitpur, Assam. 50. Md. Phul Mohammad, Son of Md. Munsar Ali, Resident of Nijbaghmari, Post office- Burigang, Police Station- Bihali, District- Sonitpur, Assam. 51. Md. Abdul Karim, Son of late Tadarak Akan, Resident of village- Nijbaghmari, Post office- Burigang, Police Station- Bihali, District- Sonitpur, Assam. 52. Md. Saiyad Ali, Son of Md. Abdul Kasim, Resident of village- Chotapam, Post office- Burigang, Police Station- Bihali, District- Sonitpur, Assam. 53. Md. Nurjamal, Son of late Alusuddin, Resident of village- Silamari, Post office- Burigang, Police Station- Bihali, District- Sonitpur, Assam. 54. Md. Abdul Sattar, Son of Md. Sada Sheikh, Resident of village- Niralabasti, Post office- Burigang, Police Station- Bihali, District- Sonitpur, Assam.


55. Md. Hazi Akkel Ali, Son of late Samu Bepari Resident of village- Garbhitar, Post office- Panibharal, Police Station- Biswanath Chariali District- Sonitpur, Assam. 56. Md. Iddrish Ali, Son of late Anna Sheikh, Resident of village- Silamari, Post office- Burigang, Police Station- Biswanathghat, District- Sonitpur, Assam. 57. Md. Jaynal Shekh, Son of late Nassar Sheikh, Resident of Brahmaputra Chapari, Post office- Burigang, Police Station- Bihali, District- Sonitpur, Assam. 58. Md. Mateleb Ali, Son of Md. Abdul Kader, Resident of Nijbaghmari, Post office- Burigang, Police Station- Bihali, District- Sonitpur, Assam. 59. Md. Mosahar Ali, Son of Md. Allaphuddin, Resident of village- Silamari, Post office- Burigang, Police Station- Bihali, District- Sonitpur, Assam. 60. Md. Sukarman Ali, Son of Md. Saiyad Ali, Resident of village- Silamari, Post office- Burigang, Police Station- Biswanathghat, District- Sonitpur, Assam. 61. Md. Makshed Ali, Son of late Ashab Ali, Resident of village- Silamari, Post office- Burigang, Police Station- Biswanathghat, District- Sonitpur, Assam. 62. Md. Abbas Ali, Son of late Akkas Ali, Resident of village- Silamari, Post office- Burigang, Police Station- Biswanathghat, District- Sonitpur, Assam.


63. Md. Abed Ali, Son of late Assaruddin, Resident of village- Silamari, Post office- Burigang, Police Station- Biswanathghat, District- Sonitpur, Assam. 64. Md. Sekendar Ali, Son of late Sahad Ali, Resident of Chotapam, Post office- Burigang, Police Station- Bihali, District- Sonitpur, Assam. 65. Md. Abbas Ali, Son of late Issub Ali, Resident of Singimari, Post office- Biswanathghat, Police Station- Biswanathghat, District- Sonitpur, Assam. 66. Md. Dil Ahmed, Son of Md. Karim Bepari, Resident of Subraguri, Post office- Biswanathghat, Police Station- Biswanathghat, District- Sonitpur, Assam. 67. Md. Jubbabar Ali, Son of late Saimullah Sheikh, Resident of Chotapam, Post office- Bihali, Police Station- Burigang, District- Sonitpur, Assam. 68. Md. Majjam Ali, Son of late Saimullah Sheikh, Resident of Chotapam, Post Station- Bihali, Police Office- Burigang, District- Sonitpur, Assam. 69. Md. Massir Ahmed, Son of late Jahir Ahmed, Resident of Bhirgaon, Post Station- Bihali, Police Office- Burigang, District- Sonitpur, Assam. 70. Md. Azgarh Ali, Son of late Phazar Shekh, Resident of Brahmaputrachapari, Post Office- Burigang, Police Station- Bihali, District- Sonitpur, Assam.


71. Md. Abdul Ali, Son of Md. Murtuz Ali, Resident of Silamari, Police Station- Biswanathghat, Post Office- Burigang, District- Sonitpur, Assam. 72. Md. Mazit Ali, Son of Hamir Sheikh, Resident of Silamari, Post Office- Burigang, Police Station- Bihali, District- Sonitpur, Assam. 73. Md. Jakir Hussain, Son of late Jahad Ali, Resident of Silamari, Post Office- Burigang, Police Station- Biswanathghat, District- Sonitpur, Assam. 74. Md. Omar Faruk, Son of late Sadek Ali, Resident of Silamari, Post Office- Burigang, Police Station- Bihali, District- Sonitpur, Assam. 75. Md. Nurmohmad Ali, Son of Md. Joynal Abedin, Resident of Silamari, Police Station- Bihali, District- Sonitpur, Assam. 76. Md. Azizul Haque, Son of late Abdul Masir, Resident of Singimari, Post Office- Biswanathghat, Police Station- Biswanathghat, District- Sonitpur, Assam. 77. Md. Basa Ali, Son of late Sunuruddin, Resident of Chotapam, Post Office- Burigang, Police Station- Bihali, District- Sonitpur, Assam. 78. Md. Jasam Ali, Son of late Mazuruddin, Resident of Chotapam, Post Office- Burigang, Police Station- Bihali, District- Sonitpur, Assam.


79. Md. Mahijol Haque, Son of late Habez Ali, Resident of Niralabasti, Post Office- Burigang, Police Station- Bihali, District- Sonitpur, Assam. 80. Md. Naushad Ali, Son of Md. Mazid Mishtri, Resident of Chotapam, Police Station- Bihali, District- Sonitpur, Assam. 81. Md. Hazarat Ali, Son of late Azzatulla Bepari, Resident of village- Niralabasti, Post Office- Burigang, Police Station- Bihali, District- Sonitpur, Assam. 82. Md. Abdul Ali, Son of late Muslim Sheikh, Resident of village- Niralabasti, Post Office- Burigang, Police Station- Bihali, District- Sonitpur, Assam. 83. Md. Sarfat Ali, Son of Md. Hazi Nabizal Haque, Resident of village- Beltuli, Post Office- Burigang, Police Station- Bihali, District- Sonitpur, Assam. 84. Md. Afajuddin Sheikh, Son of late Khabir Sheikh, Resident of Nijbaghmari, Post Office- Burigang, Police Station- Bihali, District- Sonitpur, Assam. 85. Shri Iswari Sarma, Son of Shri Abinarayan Sarma, Resident of Kathanibari, Post Office- Laharijan, Police Station- Bihali, District- Sonitpur, Assam. 86. Shri Mohan Sarma, Son of late Gauri Sarma, Resident of Kathanibari, Post Office- Burigang, Police Station- Bihali, District- Sonitpur, Assam.


87. Md. Abdul Haque, Son of late Mahir, Resident of Nijbaghmari, Post Office- Burigang, Police Station- Bihali, District- Sonitpur, Assam. 88. Md. Salimuddin, Son of late Hafez Hazi, Resident of Niralabasti, Post Office- Burigang, Police Station- Bihali, District- Sonitpur, Assam. 89. Md. Kuphazuddin, Son of late Ishab Ali, Resident of Singimari, Post Office- Biswanathghat, Police Station- Biswanathghat, District- Sonitpur, Assam. 90. Md. Keramat Ali, Son of late Sahabuddin, Resident of Brahmaputrachapari, Post Office-Burigang, Police Station- Bihali, District- Sonitpur, Assam. 91. Md. Haziisahak Ali, Son of late Mahiz Sheikh, Resident of Nanke Japoriguri, Post Office- Panibharal, Police Station- Biswanath Chariali, District- Sonitpur, Assam. 92. Md. Sekendar, Son of late Mizet Ali, Resident of Nanke Japoriguri, Post Office- Panibharal, Police Station- Biswanath Chariali, District- Sonitpur, Assam. 93. Md. Taiyab Ali, Son of late Mohamad Ali, Resident of Nanke Japoriguri, Post Office- Panibharal, Police Station- Biswanath Chariali, District- Sonitpur, Assam. 94. Md. Phulmohamad, Son of late Phulunga Sheikh, Resident of Nanke Japoriguri, Post Office- Panibharal, Police Station- Biswanath Chariali, District- Sonitpur, Assam.


95. Md. Hasmat Ali, Son of late Zabaruddin, Resident of Nanke Japoriguri, Post Office- Panibharal, Police Station- Biswanath Chariali, District- Sonitpur, Assam. 96. Md. Phurhat Ali, Son of Md. Nazir Ahmed, Resident of Nijbaghmari, Post Office- Burigang, Police Station- Biswanath Chariali, District- Sonitpur, Assam. 97. Md. Ayub Ali, Son of Md. Ashabuddin Sheikh, Resident of village- Brahmaputra Chapari, Post Office- Burigang, Police Station- Bihali, District- Sonitpur, Assam. 98. Md. Nurnabi Ali, Son of Md. Phazal Rahman, Resident of village- Nanke Japoriguri, Post Office- Panibharal, Police Station- Biswanath Chariali, District- Sonitpur, Assam. 99. Md. Sahizal Haque, Son of late Sarpat Ali, Resident of village- Chotapam, Post Office- Burigang, Police Station- Bihali, District- Sonitpur, Assam. 100. Md. Surut Jamal, Son of late Azatulla Bepari, Resident of village- Niralabasti Post Office- Burigang, Police Station- Bihali, District- Sonitpur, Assam. 101. Md. Jabir Hussain, Son of Md. Abdul Jalil, Resident of village- Nijbaghmari, Post Office- Burigang, Police Station- Bihali, District- Sonitpur, Assam. 102. Md. Sakendar Ali, Son of Md. Saiyad Ali, Resident of village- Nijbaghmari, Post Office- Burigang, Police Station- Bihali, District- Sonitpur, Assam.


103. Md. Asabar Rahman, Son of Md. Abdul Jalil, Resident of village- Nijbaghmari, Post Office- Burigang, Police Station- Bihali, District- Sonitpur, Assam. 104. Md. Mazaphur Ali, Son of late Munzil Hussain, Resident of village- Niralabasti Post Office- Burigang, Police Station- Bihali, District- Sonitpur, Assam. 105. Md. Osman Ali, Son of Md. Safar Ali, Resident of village- Silamari, Post Office- Burigang, Police Station- Biswanathghat, District- Sonitpur, Assam. 106. Md. Amir Ahmed, Son of Md. Munsar Ali, Resident of village- Chotpam, Post Office- Burigang, Police Station- Bihali, District- Sonitpur, Assam. 107. Md. Sahajamal, Son of Md. Muzahar Ali, Resident of village- Chotapam, Post Office- Burigang, Police Station- Bihali, District- Sonitpur, Assam. 108. Md. Santesh Ali, Son of late Uzel Sheikh, Resident of village- Silamari, Post Office- Burigang, Police Station- Biswanathghat, District- Sonitpur, Assam. 109. Md. Aazgarh Ali, Son of late Jasumuddin, Resident of village- Silamari, Post Office- Burigang, Police Station- Bihali, District- Sonitpur, Assam. 110. Md. Jaffar Ali, Son of late Sangsher Ali, Resident of village- Niralabasti Post Office- Burigang, Police Station- Bihali, District- Sonitpur, Assam.


111. Md. Intaz Ali, Son of late Ifaz Sheikh, Resident of village- Nijbaghmari, Post Office- Burigang, Police Station- Bihali, District- Sonitpur, Assam. 112. Md. Jamuruddin, Son of late Badu Sheikh, Resident of village- Chotapam, Post Office- Burigang, Police Station- Bihali, District- Sonitpur, Assam. 113. Md. Rashid Ali, Son of Md. Aazimuddin Sheikh, Resident of village- Niralabasti Police Station- Bihali, District- Sonitpur, Assam. 114. Md. Kader Ali, Son of late Ifazuddin Sheikh, Resident of village- Nijbaghmari, Post Office- Burigang, Police Station- Bihali, District- Sonitpur, Assam. 115. Md. Mohamad Ali, Son of late Nalushekh, Resident of village- Silamari, Post Office- Burigang, Police Station- Biswanathghat, District- Sonitpur, Assam. 116. Md. Aminul Haque, Son of Md. Saha Ali, Resident of village- Silamari, Post Office- Burigang, Police Station- Biswanathghat, District- Sonitpur, Assam. 117. Md. Sahazamal, Son of late Badan Ali, Resident of village- Silamari, Post Office- Burigang, Police Station- Biswanathghat, District- Sonitpur, Assam. 118. Md. Nazir Ahmed, Son of Md. Kurban Ali, Resident of village- Nijbaghmari, Post Office- Burigang, Police Station- Bihali, District- Sonitpur, Assam.


119. Md. Khalek, Son of late Abed Ali, Resident of village- Silamari, Post Office- Burigang, Police Station- Biswanathghat, District- Sonitpur, Assam. 120. Md. Atabar Rahman, Son of late Meher Ali, Resident of village- Singimari, Post Office- Biswanathghat, Police Station- Biswanathghat, District- Sonitpur, Assam. 121. Md. Kubbad Ali, Son of late Nasumuddin, Resident of village- Silamari, Post Office- Burigang, Police Station- Biswanathghat, District- Sonitpur, Assam. 122. Md. Alikhaibar, Son of Md. Saiyad Ali, Resident of village- Nijbaghmari, Post Office- Burigang, Police Station- Bihali, District- Sonitpur, Assam. 123. Md. Ali Ahmed, Son of late Sahad Ali, Resident of Chotapam, Post Office- Burigang, Police Station- Bihali, District- Sonitpur, Assam. 124. Md. Jahir Ali, Son of late Saimullah Sheikh, Resident of village- Chotapam, Police Station- Bihali, District- Sonitpur, Assam. 125. Md. Iyakub Ali, Son of late Kaimullah, Resident of village- Nijbaghmari, Post Office- Burigang, Police Station- Bihali, District- Sonitpur, Assam. 126. Md. Hast Ali, Son of late Jitu Sheikh, Resident of village- Beltuli, Post Office- Burigang, Police Station- Bihali, District- Sonitpur, Assam.


127. Md. Ali Ahmed, Son of Md. Saiyad Ali, Resident of village- Brahmaputra Chapari, Post Office- Burigang, Police Station- Bihali, District- Sonitpur, Assam. 128. Md. Ekkab Ali, Son of late Iisahaque Ali, Resident of village- Brahmaputra Chapari, Post Office- Burigang, Police Station- Bihali, District- Sonitpur, Assam. 129. Md. Maksher Ali, Son of late Kuddush Ali, Resident of village- Chotapam, Post Office- Burigang, Police Station- Bihali, District- Sonitpur, Assam. 130. Shri Lila Sarma, Son of Shri Durga Prashad Sarma, Resident of village- Baratiguri, Post Office- Gamiri, Police Station- Mishamari, District- Sonitpur, Assam. 131. Shri Netra Sarma, Son of Shri Tikaram Sarma, Resident of village- Miripathar, Post Office- Gamiri, Police Station- Mishamari, District- Sonitpur, Assam. 132. Shri Jagyaprasad Dhamala, Son of late Ganapati Dhamala, Resident of village- Gadharibasti, Post Office- Gamiri, Police Station- Mishamari, District- Sonitpur, Assam. 133. Shri Bhanu Chapkuta, Son of late Chandralal Chapkutta, Resident of village- Balamguri, Post Office- Melbazar, Police Station- Mishamari, District- Sonitpur, Assam. 134. Shri Bhakta Bahadur Pradhan, Son of late Kasinath Pradhan Resident of village- Teleli, Post Office- Melbazar, Police Station- Gahpur, District- Sonitpur, Assam.


135. Shri Dilliram Ghimre, Son of late Mohanlal Ghimre, Resident of village- Dipura, Post Office- Dipura Pukhuri, Police Station- Gahpur, District- Sonitpur, Assam. 136. Shri Dipak Dhamla, Son of Shri Narayan Dhamala, Resident of village- Barjuhabari, Post Office- Barangabari, Police Station- Gahpur, District- Sonitpur, Assam. 137. Shri Bishnulal Dahal, Son of Shri Diliram Dahal, Resident of village- Dipura, Post Office- Dipura Pukhuri, Police Station- Gahpur, District- Sonitpur, Assam. 138. Shri Narayan Sarma, Son of Shri Nilkantha Sarma, Resident of village- Barzuhabari, Post Office- Barangabari, Police Station- Gahpur, District- Sonitpur, Assam. 139. Shri Loknathpradhan, Son of late Balbahadur Pradhan, Resident of village- Bhupabar, Post Office- Mailbazar, Police Station- Gahpur, District- Sonitpur, Assam. 140. Shri Danbahadur Pradhan, Son of late Sabilal Pradhan, Resident of village- Dhupbar, Post Office- Melbazar, Police Station- Gahpur, District- Sonitpur, Assam. 141. Shri Chandra Sarma, Son of late Bhaktaprashad Sarma, Resident of village- Barzuhabari, Post Office- Barangabari, Police Station- Gahpur, District- Sonitpur, Assam. 142. Shri Tanka Dahal, Son of Shri Dadhiram Dahal, Resident of village- Nepalibasti, Post Office- Gamiri, Police Station- Mishamari, District- Sonitpur, Assam.


143. Shri Gopal Katel, Son of Shri Prahlad Katel, Resident of village- Dukhutimukh, Post Office- Amtala, Police Station- Mishamari, District- Sonitpur, Assam. 144. Shri Narayan Kairala, Son of late Narapati Kairala, Resident of village- Puranabutar, Post Office- Gamiri, Police Station- Mishamari, District- Sonitpur, Assam. 145. Shri Kamal Pradhan, Son of Shri Kulman Pradhan, Resident of village- Teleni, Post Office- Melbazar, Police Station- Gahpur, District- Sonitpur, Assam. 146. Shri Punyaprasad Ghimre, Son of late Dhanupati Ghimre, Resident of village- Gadhariyabasti, Post Office- Gamiri, Police Station- Mishamari, District- Sonitpur, Assam. 147. Shri Dipak Giri, Son of Shri Khemraj Giri, Resident of village- Bebejia, Post Office- Gamiri, Police Station- Mishamari, District- Sonitpur, Assam. 148. Shri Ranjan Sarma, Son of Shri Shilanath Sarma, Resident of village- Baratiguri, Post Office- Gamiri, Police Station- Mishamari, District- Sonitpur, Assam. 149. Shri Krishna Bharali, Son of Shri Bhojrah Bharali, Resident of village- Dighalipathar, Post Office- Gamiri, Police Station- Mishamari, District- Sonitpur, Assam. 150. Shri Ganapati Phayel, Son of Late Balabhadra Phayel, Resident of village- Gadhariya Basti, Post Office- Gamiri, Police Station- Mishamari, District- Sonitpur, Assam.


151. Daya Adhikari, Son of Shri Monohar Adhikari, Resident of village- Dipura Pukhuri, Post Office- Dipura, Police Station- Gahpur, District- Sonitpur, Assam. 152. Shri Bednidhi Dahal, Son of Late Lambudhar Dahal, Resident of village- Dipurapukhuri, Post Office- Dipura, Police Station- Gahpur, District- Sonitpur, Assam. 153. Shri Jadab Bhattarai, Son of Shri Gangadhar Bhattarai, Resident of village- Dipurapukhuri, Post Office- Dipura, Police Station- Gahpur, District- Sonitpur, Assam. 154. Shri Gopal Katel, Son of Shri Trilochan Katel, Resident of village- Dipurapukhuri, Post Office- Dipura, Police Station- Gahpur, District- Sonitpur, Assam. 155. Shri Dhan Gowala, Son of Shri Asit Gowala, Resident of Monabari, Post Office- Lahorijan, Police Station- Bihali, District- Sonitpur, Assam.

By Advocates: Mr. A.M. Mazumdar, Senior Advocate, Mr. R. Islam, Mr. R.N. Kalita, Mr. J.P. Das,

Respondents :

1. State of Assam, Represented by the Chief Secretary to the Govt. of Assam, Dispur, Guwahati-6. 2. Secretary to the Govt. of Assam, Forest Department, Dispur, Guwahati-6. 3. Principal Chief Conservator of Forest, Assam, Rehabari, Guwahati-8. 4. Chief Conservator of Forests (Wild Life), Assam, Rehabari, Guwahati-8.


5. Divisional Forest Officer, Eastern Assam Wild Life Division, Bokakhat, District- Golaghat, Assam. 6. Commissioner, North Assam Division, Tezpur, District- Sonitpur, Assam. 7. Deputy Commissioner, Sonitpur, PO- Tezpur, District- Sonitpur, Assam. 8. Sub-Divisional Officer, Biswanath Chariali, PO- Biswanath Chariali, District- Sonitpur, Assam.

By Advocate: GA, Assam

WRIT PETITION (C) NO.10279 OF 2003

Petitioners:

1. Shri Mahananda Sharma, Son of late Taranidhi Sarma. Village- Belshiri Chapari (Ramdas Tapu) Mouza- Borsola, Post Office- Borsola, District- Sonitpur, Assam. 2. Shri Anser Ali, Son of late Hazi Omar Ali Dewani, Village- Belshiri Chapari (Ramdas Tapu) Mouza- Borsola, Post Office- Borsola, District- Sonitpur, Assam. 3. Shri Boudi Mia, Son of Nasimuddin Sheikh. Village- Belshiri Chapari (Ramdas Tapu) Mouza- Borsola, Post Office- Borsola, District- Sonitpur, Assam. 4. Shri Golap Ali Khalifa, Son of late Bari Khalifa. Village- Belshiri Chapari (Ramdas Tapu) Mouza- Borsola, Post Office- Borsola, District- Sonitpur, Assam. 5. Shri Khayer Ali, Son of late Ashrab Ali.


Village- Belshiri Chapari (Ramdas Tapu) Mouza- Borsola, Post Office- Borsola, District- Sonitpur, Assam. 6. Shri Hem Bahadur Chetri, Son of Shri Kharga Bahadur Chetri, Village- Belshiri Chapari (Ramdas Tapu) Mouza- Borsola, Post Office- Borsola, District- Sonitpur, Assam. 7. Shri Gokul Adhikari, Son of late Sarbananda Adhikari. Village- Belshiri Chapari (Ramdas Tapu) Mouza- Borsola, Post Office- Borsola, District- Sonitpur, Assam. 8. Shri Nurjamal, Son of late Abbas Ali, Village- Belshiri Chapari (Ramdas Tapu) Mouza- Borsola, Post Office- Borsola, District- Sonitpur, Assam. 9. Shri Nova Ali, Son of late Hazi Bazuddin, Village- Belshiri Chapari (Ramdas Tapu) Mouza- Borsola, Post Office- Borsola, District- Sonitpur, Assam. 10. Shri Samizul Ali, Son of Taleb Ali, Village- Belshiri Chapari (Ramdas Tapu) Mouza- Borsola, Post Office- Borsola, District- Sonitpur, Assam. 11. Talil Khan, Son of Allabox Khan, Village- Belshiri Chapari (Ramdas Tapu) Mouza- Borsola, Post Office- Borsola, District- Sonitpur, Assam. 12. Nousad Ali, Son of Sirajul Haque, Village- Belshiri Chapari (Ramdas Tapu) Mouza- Borsola, Post Office- Borsola, District- Sonitpur, Assam. 13. Shri Bakkar Ali, Son of late Hazi Sukkur Ali,


Village- Belshiri Chapari (Ramdas Tapu) Mouza- Borsola, Post Office- Borsola, District- Sonitpur, Assam. 14. Sri Mannas Ali, Son of Siraj Ali, Village- Belshiri Chapari (Ramdas Tapu) Mouza- Borsola, Post Office- Borsola, District- Sonitpur, Assam. 15. Sri Innus Ali, Son of Siraj Ali, Village- Belshiri Chapari (Ramdas Tapu) Mouza- Borsola, Post Office- Borsola, District- Sonitpur, Assam. 16. Sri Hussain Ali, Son of Hassan Bewani, Village- Belshiri Chapari (Ramdas Tapu) Mouza- Borsola, Post Office- Borsola, District- Sonitpur, Assam. 17. Sri Basisth Ali, Son of late Hazi Baazuddin, Village- Belshiri Chapari (Ramdas Tapu) Mouza- Borsola, Post Office- Borsola, District- Sonitpur, Assam. 18. Sri Abu Mia, Son of Gadu Sheikh, Village- Belshiri Chapari (Ramdas Tapu) Mouza- Borsola, Post Office- Borsola, District- Sonitpur, Assam. 19. Sri Abdul Haque, Son of late Ahijul Haque, Village- Belshiri Chapari (Ramdas Tapu) Mouza- Borsola, Post Office- Borsola, District- Sonitpur, Assam. 20. Sri Bahar Ali, Son of Akkas Ali, Village- Belshiri Chapari (Ramdas Tapu) Mouza- Borsola, Post Office- Borsola, District- Sonitpur, Assam. 21. Sri Azizur Rahman, Son of late Hussain Ali,


Village- Belshiri Chapari (Ramdas Tapu) Mouza- Borsola, Post Office- Borsola, District- Sonitpur, Assam. 22. Sri Akkash Ali, Son of late Adalat Dewani, Village- Belshiri Chapari (Ramdas Tapu) Mouza- Borsola, Post Office- Borsola, District- Sonitpur, Assam.

Advocates: Dr. B. Ahmed, Mr. N. Hoque,

Mr. M.H. Barbhuiya, Ms. J. Begum.

Respondents :

1. State of Assam, [To be represented by the Secretary to the Govt. of Assam, Forest Department, Dispur, Guwahati-6]. 2. Principal Chief Conservator of Forests, Assam, Rehabari, Guwahati-8. 3. Chief Conservator of Forests (Wildlife), Assam, Rehabari, Guwahati-8. 4. Divisional Forest Officer, Eastern Wildlife Division, Bokakhat, District- Golaghat, Assam. 5. Divisional Forest Officer, Mangaldai Wildlife Division, Mangaldai, District- Darrang, Assam. 6. Forest Range Officer, Silbori Wildlife Range, Silbori, PO- Silbori, District- Darrang, Assam. 7. Deputy Commissioner, Sonitpur, PO- Tezpur, District- Sonitpur, Assam. 8. Deputy Commissioner, Darrang, PO-Mangaldoi, District- Darrang, Assam. 9. Commissioner, Northern Assam Division, Sonitpur, PO- Tezpur, District- Sonitpur, Assam.

By Advocates: GA, Assam,

Mr. D. Thakur, Mr. N. Nath,

Mr. A.J. Saikia.


B E F O R E HON’BLE MR. JUSTICE UJJAL BHUYAN

Date of hearing : 24-07-2013

Date of Judgment : 05-08-2013

J U D G M E N T AND O R D E R (ORAL)

Grievance raised and reliefs sought for in both the writ

petitions being identical, those were heard together and are being

disposed of by this common judgment.

2. Facts of both the cases may be briefly noticed.

WP(C) No. 8453/2003

3. Case of the petitioners is that since the days of their

forefathers, they have been rearing livestock, cattle etc. along the

northern bank of the river Brahmaputra on the alluvial lands called

chars/chaporis. Such chars and chaporis are included in the

assembly constituencies under Behali, Gohpur and Bishwanath circles

of Sonitpur district. They were also granted grazing permits by the

State Government authorities. For grazing their cattle, petitioners had

built thatched bamboo sheds called “Khutis” on the grazing lands for

providing food and shelter to the livestock. Those “Khutis” are not

permanent structure.

4. On 10-09-1985, a preliminary notification was published

u/s 35(1) of the Wildlife Protection Act, 1972 (Act) declaring the

intention to extend the boundary of Kaziranga National Park beyond


its natural boundary, which is the south bank of the river

Brahmaputra, to the north bank of the river Brahmaputra. The

proposed extension is the sixth addition to the boundary of Kaziranga

National Park and an area of 401.5 sq.km was proposed to be covered

in the sixth addition. The proposed sixth addition includes the lands

on which the petitioners have been grazing their cattle.

5. Pursuant to the aforesaid notification, Commissioner, Northern

Assam Division was appointed as Collector-cum-Inquiry Officer to

inquire into and determine the existence, nature and extent of any

right or claim which exist or alleged to exist in favour of any person or

persons in or over any area within the proposed extension.

6. Commissioner of Northern Assam Division published

notice only in English language inviting objections from the affected

persons within a period of two months. Such notice was also not

widely circulated. Consequently, only few people could file objections.

But no decision was taken by the Commissioner.

7. After some time, the issue of eviction of petitioners and

others again resurfaced which led to a hue and cry. On 17-12-1997,

the Circle Officer, Biswanath Circle alongwith the Divisional Forest

Officer and Conservator of Forest visited the grazing fields of the

petitioners and verbally asked them to vacate the land.

8. Faced with such a situation, petitioners and others

submitted a representation dated 20-12-1997 before the Chief Minister

of the State, who issued direction not to evict the petitioners for two

months.


9. Petitioners have filed the present writ petition for quashing

of the preliminary notification dated 10-09-1985 and for a direction to

the respondents not to carry out any eviction operation in the district

of Sonitpur pursuant to the aforesaid notification.

10. Contention of the petitioners is that the respondents were

trying to evict them from their grazing lands without giving them any

notice and without affording any reasonable opportunity of hearing to

the petitioners. The threatened eviction of the petitioners is in violation

of the provisions of the Act, they contend.

WP(C) No.10279/2003

11. Petitioners in this case also claim to be engaged in cattle

rearing in chars/chaporis under Borsola mouza of Sonitpur district

bordering Darrang district. They claim that they had been granted

grazing permits for grazing of cattle on grazing lands where they had

constructed “Khutis”.

12. On 10-09-1985, Government of Assam issued notification

declaring some of the adjacent areas to be included within the

Kaziranga National Park. According to the petitioners, their area is

outside the areas notified in the said notification but adjacent to the

Orang National Park. However, there is no notification to include these

areas in the Orang National Park.

13. Inspite of the fact that petitioners area is not included

within the areas covered by the notification dated 10-09-1985, they

were threatened with eviction. They have also alleged harassment by


local officials by forcefully taking away their cattle and selling them in

the local panchayat markets.

14. Petitioners have filed the present writ petition seeking a

direction to the respondents not to evict them without following the

due process and also not to harass them by forcefully taking away

their cattle.

Government Stand

15. Respondents have filed affidavit in WP(C) No.8453/2003.

No affidavit has been filed in the other case. The said affidavit has

been filed by the respondent No.5 i.e. Divisional Forest Officer, Eastern

Assam Wildlife Division. It is stated that the complex of wetlands,

grasslands and woodlands of Kaziranga are in a dynamic state. Annual

floods and changing river courses largely influence these complexes.

Considering the long term conservation of this immense biological

wealth, the State Government felt the need for constituting the

adjacent areas of the Kaziranga National Park as a separate national

park comprising of the main channels and islands called chaporis of

the Brahmaputra river right from Dhansirimukh to Kaliabhumura

bridge. Accordingly, the State Government declared its intention to

constitute the land in question as sixth addition to Kaziranga National

Park by issuing preliminary notification dated 10-09-1985 as per

provision of Section 35 of the Act.

16. After issuance of the above notification, all procedures u/s

19 to 26 of the Act read with Section 35 thereof were strictly followed

till declaration of final notification dated 07-08-1999. Petitioners are


illegally using the national park area for rearing cattle by erecting

“Khutis”, which is in violation of Section 35(7) of the Act.

17. Further contention is that after publication of the

preliminary notification on 10-09-1985, no grazing permits have been

issued to any individual. The Commissioner, Northern Assam Division,

who was appointed as Collector, enquired into the claims and disposed

of seventeen objections. He found that none of the objectors had any

right, title and privilege in the entire area proposed as sixth addition to

Kaziranga National Park. All the contentions of the petitioners have

been denied. It is further stated that the Collector had issued notice in

Assamese language, which was given wide circulation. It is also stated

that in the preliminary notification as well as in the subsequent

notification, the sixth addition to Kaziranga National Park is not an

extension of existing Kaziranga National Park but a separate national

park with separate boundary descriptions and with a separate

identity. It is asserted that petitioners are unauthorized and illegal

occupants of the national park area. Therefore, they are liable to be

evicted.

18. There is no representation on behalf of the petitioners in

WP(C) No.8453/2003. Dr. B. Ahmed, learned Counsel for the

petitioners in WP(C) No.10279/2003, however, advanced his

arguments on behalf of the petitioners in the second case. Main thrust

of his submission is the long possession of the petitioners over the

lands in question. According to the learned Counsel, petitioners have

been rearing cattle over the lands in question since the days of their

forefathers. Their lands are outside the schedule area of the sixth

addition to Kaziranga National Park as per the preliminary notification


dated 10-09-1985 issued u/s 35 of the Act. Though their lands are

situated adjacent to the Orang National Park, no such notification u/s

35 of the Act has been issued to expand the area of Orang National

Park. Therefore, they cannot be evicted from their lands. In any case,

without putting the petitioners on notice and without giving them an

opportunity of hearing, petitioners cannot be evicted or harassed by

the local authorities by forcefully taking away their cattle and

threatening eviction. Intervention of the Court has, therefore, become

necessary, he submits.

19. Ms. M. Goswami, learned Government Advocate, Assam

appeared for the respondents. She supports the stand taken by the

respondent No.5 in WP(C) No.8453/2003 and submits that there is no

merit in the claim of the petitioners. She seeks dismissal of the writ

petitions. Though this Court directed production of record, the same

could not be produced.

20. Before examining the claim of the petitioners, a brief

reference to the relevant provisions of the Act is considered necessary.

21. The Act has been framed to provide for protection of wild

animals, birds and plants and for all matters connected therewith or

ancillary and incidental thereto with a view to ensuring ecological and

environmental security of the country. Chapter IV deals with protected

area. While Section 18 to Section 34 A deal with sanctuaries, Section

35 deals with national parks. As per Section 35(1), whenever it

appears to the State Government that an area needs to be constituted

as a national park for the purpose of protecting, propagating or

developing wildlife therein or its environment, it may by notification


declare its intention to constitute such area as a national park. Such

notification should define the limits of the area which is intended to be

declared as a national park. As per Sub-section (3), where any area is

intended to be declared as a national park, the provisions of Sections

19 to 26 A of the Act (both inclusive) shall apply, except clause (c) of

Sub-section (2) of Section 24, which allows continuation of any right of

any person over any land within the limits of a notified sanctuary in

consultation with the Chief Wildlife Warden.

22. Under Sub-section (4), once the period for preferring

claims has lapsed and all claims made relating to any land in the area

intended to be declared as a national park have been disposed of by

the State Government and all rights in respect of lands have become

vested in the State Government, the State Government shall publish a

notification specifying the limits and the area of the national park and

declare such area to be a national park on and from such date as may

be specified.

23. Sub-section (5) provides that no alteration of the

boundaries of a national park by the State Government shall be made

except on a recommendation of the National Board for Wildlife.

24. Grazing of livestock and entry of livestock is prohibited in

a national park.

25. Sections 19 to 26 A of the Act, which are also applicable in

respect of sanctuaries, deal with determination of the existence,

nature and extent of the rights of any person in or over the lands

comprised within the limits of a national park. It also deals with

issuance of proclamation by the Collector and acquisition of rights in


which case certain provisions of the Land Acquisition Act, 1894 would

also be applicable.

26. Thus, a careful reading of the aforesaid provisions would

indicate that procedural safeguards are inbuilt within the provisions of

the Act in the event of any declaration of intent to constitute an area

as national park.

27. In WP(C) No.8453/2003, clear stand taken by respondent

No.5 is that it was decided by the State Government to constitute the

adjacent areas of Kaziranga National Park as a separate national park

comprising of the main channels and islands called chaporis of the

Brahmaputra river right from Dhansirimukh to Kaliabhumura bridge.

Accordingly, the State Government issued preliminary notification

dated 10-09-1985 u/s 35 of the Act declaring its intention to

constitute the land in question as sixth addition to Kaziranga National

Park. The said respondent has further asserted that after issuance of

the preliminary notification, all the procedures from Section 19 to

Section 26 of the Act read with Section 35 thereof were strictly

followed till declaration of final notification dated 07-08-1999. As

already notice above, all other contentions raised by the petitioners

have been denied. This affidavit was filed way back on 12-12-2006. No

rejoinder has been filed by the petitioners thereafter.

28. In view of the clear stand taken by respondent No.5 which

has remained uncontroverted, Court is of the view that no case for

interference with the Government notification dated 10-09-1985 has

been made out. As final notification has been issued on 07-08-1999


declaring the area described in the schedule thereto as sixth addition

to Kaziranga National Park, petitioners cannot claim any right of

grazing within such area.

29. WP(C) No.8453/2003 is devoid of any merit, which is

accordingly dismissed.

30. In so far WP(C) No.10279/2003 is concerned, the claim of

the petitioners that their lands are outside the area which has been

declared as sixth addition to Kaziranga National Park and that those

are adjacent to Orang National Park would require factual scrutiny,

which exercise this Court in a proceeding under article 226 of the

Constitution of India is not inclined to undertake. Since formal

declaration has already been made declaring the scheduled area as

sixth addition to the Kaziranga National Park, petitioners cannot claim

any grazing right or any other right in relation to such land. However,

in the event, there is any expansion or alteration of the boundary of

Orang National Park, they would certainly be entitled to the procedural

safeguards under the Act as noticed above. In any case, if the

petitioners are found to be encroachers over Government land, even if

such lands are not included in any national park, it will be open to the

authorities to take necessary steps for their eviction in accordance

with law. Beyond the above, no further order is called for in this

proceeding. WP(C) No.10279/2003 is disposed of accordingly.

31. Interim orders passed in both the cases are vacated.

JUDGE

aparna

Documents

IN THE GAUHATI HIGH COURTghconline.nic.in/Judgment/WPC84532003.pdf · Md. Kurban Ali, Son of late Hasen ... 22. Md. Surat Jamal, Son of late Keramat Ali, Resident of Brahmaputra Chapari,