SANJAY GOGOI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Both these writ petitions - W.P.(C) no. 7516/2019 and W.P.(C) no. 7498/2019 - have been taken up together at the request of the learned counsel for the parties as both the writ petitions involve similar issue.

(2.) Heard Mr. P.K. Gogoi, learned counsel for the petitioners in both the writ petitions; Mr. P.S. Deka, learned Standing Counsel, Revenue and Disaster Management Department, Government of Assam for the respondent no. 1; and Mr. N. Goswami, learned Junior Government Advocate, Government of Assam for the respondent nos. 2 and 3. WP(C) no. 7516 of 2019

(3.) The petitioner herein has claimed that he has been in occupation of a plot of Government land measuring 1 Katha and 10 Lessas, covered by Dag nos. 89 and 90, situated at Darikapar Khatapathar, Sivasagar, Mouza - Nagarmahal, Sivasagar Revenue Circle ['subject plot no. 1'] and has constructed his temporary dwelling house thereon. Claiming himself to be a landless person and to be in occupation of the subject-plot no. 1 for around 22 years, he has submitted that he has been paying land revenue in respect of the subject-plot no. 1 up to 2019-2020. Asserting as above, the petitioner stated to have submitted a Kabula application [Application for settlement of waste land] before the Deputy Commissioner, Sivasagar seeking settlement of the subject-plot no. 1 in his favour. As no discernible action regarding the matter of settlement of the subject-plot no. 1 was found to have been taken by the respondent authorities, the petitioner has approached this Court invoking the extra-ordinary jurisdiction under Article 226 of the Constitution of India seeking a direction in the nature of mandamus to the respondent authorities to grant allotment/settlement of the subject-plot no. 1 in his favour by issuing a Patta. The petitioner is apprehending that the respondent authorities might evict the petitioner without giving any prior notice or giving any opportunity of hearing.