WP(C) 2884/2014. Gauhati High Court

Case NumberWP(C) 2884/2014
Judgement DateAugust 14, 2020
CourtGauhati High Court

I N THE GAUHATI HI GH COURT

(High Court of Assam, Nagaland, Mizoram and Arunachal Pradesh)

WP( C) No.2884 of 2014

Samsul Alom & others

............ Petitioners

- Versus –

The State of Assam and others

........ Respondents

B E F O R E

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

For the petitioners: Mr. M.A. Sheikh, Adv

For the respondents: Mr. S.S. Roy, State Counsel

Date of Hearing : 14.08.2017.

Date of Judgment: 14.08.2017.

JUDGMENT & ORDER ( ORAL)

Heard Mr. M.A Sheikh, learned counsel for the petitioners and Mr. S.S Roy, learned State Counsel.

  1. I t is stated that the father of the petitioner No.1 late Eunus Ali was possessing a plot of land for the last 65 years as described in Schedule-A to the writ petition. Schedule A pertains to a plot of land measuring 1B-0K-10L of village Hirapara Mounza Shymabari in the District of Darrang covered by Dag No.411, which is bounded by North- Prime Minister Gram Sarak Jyojona Road (from Dhula to Mudoiburi), South- Fazal Hoque, West- Prime Minister Gram Sarak Jyojona Road (from Sarkar Chowk to Balabari chowk) East- Ajobhan Bewa. On the other hand, the petitioner No.2 had been in possession of 2K-10L of land since the year 1967 of village Hirapara, Mouza Shymabari in the district of Darrang covered by Dag No.411, which is again described in Schedule-B to the writ petition. The Boundary of Schedule-B to the petition is

    North- Prime Minister Gram Sarak Jyojona Road (from Dhula to Mudoiburi), South- Fazal Hoque, West- Samsul Alom’s land and East- Ajal Hoque.

  2. I n the aforesaid premises, the petitioner No.1 preferred an application dated 30.12.2013 before the Deputy Commissioner, Darrang, Mangaldoi for an appropriate order granting lease of the Schedule-A land in favour of the petitioner No.1. Similarly, the petitioner No.2 also makes an application dated

    30.12.2013 before the Deputy Commissioner, Darrang, Mangaldoi requesting for an order granting lease of the Schedule-B land in his favour. I n the aforesaid premises, this writ petition has been preferred for a direction to the respondent authorities to settle the Schedule-A and Schedule-B land respectively in favour of the petitioner Nos. 1 and 2.

  3. The State respondent authorities had filed an affidavit in opposition dated 09.09.2014, wherein in paragraph-9 it had been stated that the land under the occupation of the petitioners is not a waste land and on the other hand it is a VGR land of B-Faring class. I n the aforesaid circumstance, a question...

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