SARKAR NAZRUL ISLAM Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. M. H. Choudhury, the learned senior counsel assisted by Mr. S. U. Ahmed, the learned counsel for the petitioners. Also heard Mr. R. Borpujari, the learned Standing Counsel, Revenue Department for the respondent No.1 as well as Ms. M. Barman, the learned Junior Government Advocate, Assam for the respondent Nos. 2 to 5.

(2.) The instant writ petition is filed by 37 petitioners alleging the inaction of the respondent authorities in granting allotment to the petitioners in spite of the fact that the District Level Scrutiny Committee, Mangaldai by its Resolution Nos.30 and 31 adopted in its meeting dtd. 20/12/2005 have recommended of granting allotment of Village Grazing Reserve (for short, VGR) land to the petitioners. For the sake of convenience, it would be relevant to take note of the Resolution Nos.30 and 31 of the Land Advisory Committee, Mangaldai held on 20/12/2005 which are quoted herein below:

(3.) From a fair reading of the said resolutions it is apparent that the District Level Committee has recommended the proposal for settlement of VGR land measuring 4B-1K-5L out of 21B-4K-10L as well as 5B out of 27B- 2K-4L to 37 petitioners. It is also relevant to take note of that in the said resolutions it has been mentioned that the petitioners' are erosion affected families and are cultivators by profession, and as such, allotment of land should be more than 1K-5L, for which the Committee authorized the Deputy Commissioner, Darrang to verify the matter further.