ANJALI DEVI Vs. STATE OF ASSAM

JUDGEMENT

(1.) The instant writ petition has been filed by the Petitioners challenging the notice dtd. 28/10/2013 issued by the Additional Deputy Commissioner, North Lakhimpur whereby the Petitioners were directed to vacate their possession over the land belonging to the Respondent No.4 on the basis that the said land was allotted in the name of the Respondent No.4 by virtue of the Government Letter No. RSS/102/2012/34 dtd. 12/6/2013.

(2.) The facts which has arisen for consideration before this Court is that the Petitioners herein alleged that the father of the Petitioner No.2 - Late Sriram Singh was working at Ananda Tea Estate, P.O. Pathaliapar in the year 1960. He occupied a Government land measuring 18 Lechas by erecting a thatch house. The said land was situated within the North Lakhimpur Town, Ward No.6. On 1/6/1970, Late Sriram Singh was appointed as the Organizer of Assam Chah Mazdoor Sangha i.e. the Respondent No.4. Thereupon, Late Sriram Singh constructed the Office of the Respondent No.4 in the adjacent land covering 3 Kathas and the said office was functioning under the guidance of Late Sriram Singh. On 17/5/2010, Late Sriram Singh expired. On 20/11/2010, the President as well as the Secretary of the Respondent No.4 issued a notice to the Petitioner No.1 to vacate the premises. The Petitioner No.1 submitted her reply on 1/12/2010 stating that the said land which was occupied by the Petitioners do not belong to the Respondent No.4 and the construction was made by her husband i.e. Late Sriram Singh and the land was never allotted to the Respondent No.4. It further reveals from the allegations in the writ petition that on account of various disturbances being caused by the members of the Respondent No.4, a proceeding under Sec. 107 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") was initiated against the members of the Respondent No.4. Finally, the said proceedings was brought to the notice of the Respondent No.3 i.e. the Additional Deputy Commissioner, North Lakhimpur, Lakhimpur as the Respondent No.4 had filed an application for allotment of the land in their favour. The Petitioners also approached the Additional Deputy Commissioner i.e. the Respondent No.3 for adjudication and the Respondent No.3 visited the disputed land and asked the Executive members of the Respondent No.4 for relinquishment of the demand of 18 Lechas of land which was under the occupation of the Petitioners. It is the further case of the Petitioners that the members of the Respondent No.4 went on causing disturbance in the peaceful enjoyment of the Petitioners in the said 18 Lechas of land. Finding no other alternative, a legal notice dtd. 13/9/2011 was issued to the President and Secretary of the Respondent No.4 for not causing any disturbance to the peaceful possession of the Petitioners in respect to the 18 Lechas of land. The Petitioners had also averred that they had been regularly paying the land revenue for the period 2012-2013 to the Mouzadar of Lakhimpur Mouza. The Circle Officer, North Lakhimpur Circle had also issued a certificate certifying that the Petitioner No.1 was occupying 18 Lechas of land covered by Dag No. 275 under BDJ No.357, Lakhimpur Town, 1st Part under North Lakhimpur Revenue Circle. These documents are made part of the records as Annexure V and VI to the writ petition.

(3.) It further reveals from the records that the Petitioner No.2 submitted an application under Right to Information Act, 2005 regarding allotment of the Government land in favour of the Respondent No.4. The Respondent No.3 vide a communication dtd. 28/5/2012 informed the Petitioner No.2 that the proposal has been received from the Circle Officer, North Lakhimpur Revenue Circle for reservation of a plot of land measuring 0 Bigha 3 Katha 0 Lecha covered by Dag No.275 and 276 of North Lakhimpur 1st part Map under Lakhimpur Mouza in favour of the Respondent No.4. This document has relevance taking into account that the proposal was only in respect of 3 Kathas of land and the said proposal has been approved by the S.D.L.A.C., North Lakhimpur in its meeting held on 27/2/2012.