WP(C) 3042/2014. Gauhati High Court
| Case Number | WP(C) 3042/2014 |
| Judgement Date | August 14, 2020 |
| Court | Gauhati High Court |
I N THE GAUHATI HI GH COURT
(High Court of Assam, Nagaland, Mizoram and Arunachal Pradesh)
WP( C) No.3042 of 2014
Sri Joydev Sarma & others
............ Petitioners
- Versus –
The State of Assam and others
........ Respondents
B E F O R E
HON’BLE MR. JUSTI CE A.M. BUJOR BARUA
For the petitioners: Mr. P.K. Kalita, Sr. Adv
For the respondents: Dr. S.S. Roy, State Counsel
Date of Hearing : 14.08.2017.
Date of Judgment: 14.08.2017.
JUDGMENT & ORDER ( ORAL)
Heard Mr. P.K. Kalita, learned senior counsel for the petitioners and Mr. S.S Roy, learned State Counsel.
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The petitioners in this writ petition are aggrieved by the proposed move by the State respondent authorities to construct and locate the Kamakhya Police Out Post under Jalukbari Police Station over their land. I n this respect, there is a notification dated 02.06.2008 notifying that the Kamakhya Police Out Post would have a particular jurisdictional area meaning thereby that the areas within the boundary would be the territorial jurisdiction of the Kamakhya Police Out Post. The notification does not make any mention as to over which plot of land the Kamakhya Police Out Post is to be located. Subsequently by another notification of 13.11.2009 of the Commissioner and Secretary to the Government of Assam, it was recorded that as there was no objection from any quarter in respect of setting up of the Kamakhya Police
Out Post under Jalukbari Police Station, the Governor of Assam is pleased to finally notify the setting up of the Kamakhya Police Out Post having territorial jurisdiction over the places stated therein. The petitioners have enclosed a letter dated 16.12.2010 of the Circle Officer, Kamrup (M), wherein the Deputy Commissioner, Kamrup (M) was informed that as per the proposal, the Kamakhya Police Out Post would be setup over a land measuring 1 Katha out of 34 Bighas 2 Lechas of land covered by Dag No.575 of Jalukbari Mouza. I t is stated that the proposed land is a vacant land and as such not subject to the claim of any possessor.
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The petitioners on the other hand rely upon an order of the Panchayat dated 08.11.1940, wherein there was some kind of a partition of the land between the petitioners and their brothers. I t is the contention of the learned senior counsel for the petitioners that the land included in the said Panchayat Nama is also partly covered by Dag No.575 of village Kamakhya, Mouza Jalukbari. Accordingly, it is the claim of the writ petitioners that the land over...
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