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Gauhati High Court directs Assam government to look into guidelines on education of patta holders

The Gauhati High Court has directed the government of Assam to look into the grievance of the petitioner in accordance with law regarding guidelines mandating the education/sensitisation of patta holders.

The Division Bench of Chief Justice Rashmin Manharbhai Chhaya and Justice Soumitra Saikia disposed of a PIL seeking the following relief:-

-To issue a writ of mandamus directing the Respondent No.1(state government) to issue such guidelines mandating the education/sensitisation of patta holders to continue the holding of patta land for the complete period of lease;

  • To issue a writ of mandamus directing the Respondent No.1 to issue such guidelines mandating the patta holders to compulsorily carry on such activity/activities, which generate a source of livelihood or a means of enrichment of the patta land.

A. Roy, counsel for the petitioner at the outset submitted that he has nothing against the Government and relying upon the judgement of the High Court dated November 5, 2014, it is contended by the counsel for the petitioner that the reports which are submitted by the respondent are totally incorrect and the Patta holders should be given the benefits of directions issued by the High Court.

Upon hearing the Counsel for the petitioner as well as the Government Advocate, the Court did not find any single record, which even remotely suggested that any Patta holder was affected by the report.

“Secondly, the petitioner has not been able to establish the fact that the same has affected the rights of any Patta holders or there is any complaint thereof. On general averments, the present petition is filed.”

On one hand, it is submitted by the counsel appearing for the petitioner that the petitioner has nothing against the Government but it is submitted that because of the wrong reports, the rights of Patta holders have been affected, the Court observed.

The Bench did not find any element of public interest even in the contentions raised before the Court orally.

“Still, however, we deem it fit to direct the State Government to look into the grievance of the petitioner as raised in this petition in accordance with law. In light of the aforesaid observations, the present petition is disposed of,” the order read.

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