MUKUT GUHA ROY Vs. NILAKANTA HAZARIKA

JUDGEMENT

(1.) This appeal is directed against the Judgment and Order dated 13.5.94 passed by the learned Single Judge in Civil Rule No. 4842/91. The learned Single Judge quashed the entire proceedings of Encroachment Case No. 6/85 and declared the eviction of the writ petitioner No. 1 as illegal and without authority of law. In addition, the learned Siingle Judge also directed restoration of possession with the petitioner No. 1 in respect of a plot of land measuring 1 katha 19 lechas appertaining to Dag No. 1318 of Patta No. 23 and Dag No. 1319 and 1320 of Periodic Patta No. 16. The learned Single Judge also directed the respondents No. 1 to 5 to pay a compensation of Rs.50,000/-. Being aggrieved thereby, the respondent No. 6, Sri Mukut Guha Roy has preferred this appeal on various grounds.

(2.) We have heard Shri A.B. 'Choudhury, the learned counsel for the writ appellant and Shri C.K.S. Baruah, the learned! counsel for the respondents No. 1 and 2 and also heard the learned State counsel for the officers subordinate to the State.

(3.) It would be appropriate to clear the facts first before we take up the issues involved in this writ appeal for consideration.