MRINAL HAZARIKA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. R. Dhar, learned counsel for the petitioner. Also heard Mr. J. Handique, learned counsel for the authorities in the Revenue Department as well as Ms. M. Bhattacharjee, learned Additional Senior Govt. Advocate for the Deputy Commissioner and Circle Officer being the respondents No. 2 and 3.

(2.) All the petitioners herein claim that they are indigenous people of the State and they do not have any land of their own in the urban area of Guwahati. In the circumstance, the petitioners are occupying various government lands in various locations and all of them have made applications for settlement of their respective plots of land by filing application in the prescribed format before the concerned authority in the Office of the Deputy Commissioner, Kamrup (M). In this writ petition, the petitioners are jointly aggrieved by the various notices all dated 07.01.2020 issued by the Circle Officer, Guwahati Revenue Circle. A reading of the notice would show that it is a notice issued under Rule 18(2) of the Rules under the Assam Land and Revenue Regulation 1886. Rule 18(2) of the Rules under the Assam Land and Revenue Regulation, 1886 is extracted below:-

(3.) A reading of the Rule would show that any such person who had entered into possession of government khas land, or waste land or estate over which no person has acquired the rights of a proprietor, land holder or settlement-holder or any land that has previously been reserved roads or roadside land or for grazing of village cattle or for other public purposes, or has entered into possession of land from which he has been excluded by general or special orders and when further there is no bonafide claim of right being involved, he may be ejected or ordered to vacate the land forthwith.