WP(C) 5117/2012. Gauhati High Court
| Case Number | WP(C) 5117/2012 |
| Judgement Date | July 17, 2019 |
| Court | Gauhati High Court |
I N THE GAUHATI HI GH COURT
(THE HI GH COURT OF ASSAM: NAGALAND: MI ZORAM AND ARUNACHAL PRADESH)
WP( C) No.5117/ 2012
Smti. Sashi Talukdar (Devi)
…Petitioner
-Versus-
The State of Assam & 3 Others
… Respondents
B E F O R E
HON’BLE MR. JUSTI CE ACHI NTYA MALLA BUJOR BARUA
Advocates for the Petitioner : Mr. P Upadhyay
Mr. GK Medhi
Advocates for the Respondents : Mr. SS Roy
Govt. Advocate
Assam
Date of hearing & Judgment : 17.07.2017
JUDGMENT & ORDER ( ORAL)
Heard Ms. K Jain, learned counsel appearing on behalf of Mr. P Upadhyay, learned counsel for the petitioner. Also heard Mr. SS Roy, learned State counsel for the respondents.
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The petitioner is in occupation of the land measuring 3 kathas 14 lechas under dag No.114 of Patta No.F.S. Grant-1 of village Baruabari, Mouza Panbari in the district of Kamrup(M).
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I t is stated that the petitioner had constructed her dwelling house over the said plot of land and for the last 37 years, there is no dispute with any person or any authority as regards the aforesaid occupation.
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Annexure-1, is the copy of the Chitha, which indicates that the petitioner is in occupation of 3 kathas 15 lechas under dag No.114 of Patta No.F.S. Grant No.1 of village Baruabari, Mouza Panbari under the Sonapur Revenue Circle, out of the total land measuring 17 bighas 4 kathas 10 lechas under the said dag. Annexures 2 to 6 indicates that the petitioner has been paying the required land revenue in respect of her aforesaid land.
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I n the circumstances, the petitioner is aggrieved by the notice undated under the signature of the Additional Deputy Commissioner, Kamrup (M) under Section 18(2), 165(i), 165(ii), 165(iii) of the Assam Land and Revenue Regulation, 1886 issued against her name. The Eviction Case No.74/ 2012 has been registered and the name of the purported illegal occupant is shown to be the present petitioner Smti Sashi Talukdar (Devi) being the wife of Sri Baneswar Talukdar. The notice states that the petitioner is illegally occupying the land and, therefore, it is ordered that the petitioner either vacate the land or else she would be evicted.
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But what is noticeable is that the schedule of the land included...
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