NAYAN UDDIN SHEIKH Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. S. N. Sarma, learned Senior Counsel assisted by Mr. M. U. Mondal, learned counsel for the petitioners.

(2.) The petitioners approached this court by filing WP(C) No. 23/2020 which was disposed of vide order dated 2.1.2020 with a direction to the respondent no.3, Deputy Commissioner, Dhubri to dispose of their land settlement applications within a period of ten days. By the said order the petitioners were given liberty to file appropriate representations supported by necessary documents with a further direction to the Deputy Commissioner, Dhubri to dispose of the said representation as per law after considering the documents placed by the petitioners. The respondent no.3 vide his order dated 19.2.2020 disposed of their representations by holding that 99 nos. of occupants had no locus standi for occupying the land with further direction to vacate the encroached land suo moto. However they were given seven days time to vacate the alleged encroached land failing which they were going to be evicted without further notice. Being aggrieved by the said order of 19.2.2020, the present petitioners leaving aside two persons out of 99 nos. of occupants are before this court by filing this writ petition. The petitioners vide earlier order of this court were given the scope to support their claims by producing necessary documentary evidence. It is submitted by Mr. Sarma, learned Senior Counsel that to the best possible extent the petitioners supported their claim on the basis of both oral and documentary evidence.

(3.) Ms. M. Battacharjee, learned Additional Senior Govt Advocate accepts notice for respondent nos. 1,4,5,6 and 7 and Mr. P.S. Deka, learned Standing Counsel, Revenue and Disaster Management Department accepts notice for respondent nos. 2 and 3. Necessary extra copies be served on the learned counsel for the respondents. Notice is made returnable on 23.3.2020.