WP(C) 1393/2012. Gauhati High Court

Case Number:WP(C) 1393/2012
Judgement Date:May 25, 2020
Court:Gauhati High Court
SUMMARY

Eviction from land

 
FREE EXCERPT

I N THE GAUHATI HI GH COURT

(THE HI GH COURT OF ASSAM : NAGALAND : MI ZORAM & ARUNACHAL PRADESH)

WP( C) 1393/ 2012

Sri Ganesh Chauhan & Ors.,

……..Pet it ioner

- VERSUS -

The State of Assam & Ors.

BEFORE

HON’BLE MR. JUSTI CE ACHI NTYA MALLA BUJOR BARUA

Advocate for the petitioners :-Mr. R.S. Chauhan Advocate for the Respondent No.1:- Mr. Y. Doloi

Advocate for the Respondent No.8:- Mr. R. Sinha

Date of Hearing & Judgment : 25.05.2017

JUDGMENT & ORDER ( ORAL)

Heard Mr. R.S. Chouhan, learned counsel for the petitioner. Also heard Mr. Y. Dodoi, learned Addl. General Govt. Advocate appearing for the state respondents and Mr. R. Sinha, learned counsel appearing for the respondent No.8. Although, the respondent Nos. 6 and 7 had been served, the state respondents have chosen not to appear before this Court.

  1. I t is the case of the petitioner that the father of the petitioner No.1. Munnar

    Chauhan was a landless person and in the year 1955, the respondent Nos. 2 and 4 had permitted him to occupy a plot of land measuring 10 bighas covered by Dag No.20/ 22 Touzi No.43 under Rangmati Mouza in the Mangaldoi district. Accordingly, the said Munnar Chauhan had occupied the land by clearing the jungle and since then he was in continuous possession over the said land by constructing dwelling houses. I t is stated

    Page 1 of 5

    ………Respondents

    that during the lifetime of the said Munnar Chauhan, an application in the form ‘B’ was submitted before the concerned authority for settlement of the land under his possession and the said application was duly accepted. I n the year 1982 one Jogesh Das along with seven others taking advantage of the poverty and helplessness of M. Chouhan had forcefully occupied the land in question by dispossessing Munnar Chauhan. Munnar Chauhan, accordingly, preferred an application under Section 145 Cr.P.C. before the Executive Magistrate, Mangaldoi by filing Misc Case No.189/ 1982.

  2. Learned Executive Magistrate by order dated 14.02.1985 had confirmed the

    possession of Munnar Chauhan by arriving at a conclusion that the said land was in his possession for the last 25 years and that he was cultivating over the land. Accordingly, possession was declared in favour of Munnar Chauhan. The petitioner in this petition is now aggrieved by certain settlement orders made in favour of the respondent No.8 saying that the said settlement had been made illegally which is in violation to the legal right of the petitioner. The State respondents, on the...

To continue reading

REQUEST YOUR TRIAL