JALESWARI DEVI PASHWAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. G. P. Bhowmik, learned counsel for the petitioner and Mr. H. K. Mahanta, learned Govt. Advocate, Assam.

(2.) The petitioner claims to be an erosion affected person and contends that in between the Highway and the Dyke on the river Brahmaputra at Dibrugarh, a public bus stand was established by the Municipal authority in the year 1988. According to the petitioner, the Municipal authority had built up 25 stalls of pucca constriction and had let out the same for the purpose of business to various persons. A number of shop houses of kutcha construction had also been raised by the Municipal authority and one such shop house was allotted to the petitioner measuring 15 x 12 feet. According to the petitioner, she has been running her business in the said shop house and maintaining herself and her family from the earnings therefrom. The petitioner claims to be in possession of the land for the last 10 years and also claims to have been regularly depositing the rent to the Municipal authorities. According to the writ petitioner, the Respondent No. 3 along with his subordinate staff and accompanied by some of the staff of the Deputy Commissioner's office, at Dibrugarh, came to the shop house on 29- 11-1997 and asked her to hand ever vacant possession of the land by removing the shop house of the petitioner. The petitioner was threatened with forcible eviction in case she did not hand over possession of the land in question. On the basis of an apprehension of eviction on the aforesaid facts, the instant writ application has been filed.

(3.) No affidavit has been filed on behalf of any of the respondents in spite of due service of notice. The Court will, therefore, have to proceed on the basis that the averments made in the writ application not having been controverted, are correct.