LAWS(GAU)-2021-3-65

JABED ALI Vs. STATE OF ASSAM

Decided On March 19, 2021
JABED ALI Appellant
V/S
STATE OF ASSAM Respondents

JUDGEMENT

(1.) Heard Shri A Ali, learned counsel for the petitioners. Also heard Shri BJ Talukdar, learned Standing Counsel, Revenue Department as well as Shri G Pegu, learned State Counsel, Assam.

(2.) The case projected in the writ petition is that the petitioners are flood affected and had purchased certain plots of land at Village-Napara under Mouza-Pub-Barkhetri, Police StationMukalmua in the district of Nalbari, Assam covered by Dag No.1 from the holder and occupier by executing some Kacha Sale Deed and since then, they are in occupation over the said plots of land. The petitioners also claim to have paid land revenue which was collected by the Mouzadar of the concerned Mouza. However, vide the impugned orders dated 21.01.2020 and 11.11.2020, the petitioners were directed to vacate their respective lands as the same was Government land.

(3.) Shri Ali, learned counsel for the petitioners fairly submits that though the land in question is Government land, they are flood affected persons and are in possession of the same since long and has also been paying the land revenue. He accordingly submits that the eviction drive is not reasonable and rather, steps should be taken for settlement of the land in the names of the petitioners. By drawing the attention of this Court to the additional-affidavit filed on 25.11.2020 in WP(C) No.4563/2020, it is submitted that the petitioners have been discriminated inasmuch as similarly situated persons have not been served with such notice.