DEWAN JAMSHER ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. B Banerjee, learned counsel appearing for the petitioners. Also heard Mr. J Handique, learned State counsel appearing for the respondent Nos.1, 5 and 6 and Ms. R Deka, learned Standing Counsel, PWD appearing for the respondent Nos.2, 3 and 4.

(2.) Making grievances against the construction of road on the patta land under Pradhan Mantri Gramin Sadak Yojana (for short PMGSY), the petitioners, both in WP(C) No.910/2010 (Dewan Jamsher Ali and another Vs State of Assam and others) and WP(C) No. 1187/2010 ( Tuta Mia and others vs State of Assam and others), have approached this Court seeking direction in the nature of Mandamus not to use the land of the petitioners situated in Dag No.328, Patta No. 155 in WP(C) No. 910/2010 and Dag No.335, 327 Patta No.70 and 54 in WP(C) No.1187/2010, Mouza Paka, village Koyakuchi pathar, district Barpeta. Relief sought for in both the writ petitions being identical, the same are being disposed of by this common judgment.

(3.) WP(C) No. 910/2010 came up for consideration before this Court on 5.2.2010, wherein this Court passed the following orders: