JABED ALI AHMED Vs. UNION OF INDIA

JUDGEMENT

(1.) The instant writ petition has been filed by the petitioners seeking a direction upon the respondents, more particularly the respondent Nos.1 and 2 not to evict them and to demolish the buildings situated in Dag No.13 of K.P Patta No.109 of village-North Jalukbari, Mouza Jalukbari in the district of Kamrup (M), Assam.

(2.) The facts as can be discernible from the materials on record reveals that the petitioners as well as the predecessors in interest have jointly filed a suit being Title Suit No.100/1999 against the Union of India represented by the General Manager, Northeast Frontier Railway seeking a declaration that the plaintiffs are the owners and co-pattadars of the land shown in Schedule A and for confirmation of possession over the said land. The plaintiffs in the said suit also sought for a permanent injunction restraining the principal defendants i.e., the respondent Nos.1 and 2 herein and their agents from evicting the plaintiff from the suit land.

(3.) This Court finds it relevant at this stage to mention that the suit land in question ad-measures 4 bighas 0 kathas 3 lechas covered by Dag No.Old 13, New 581, 582, 583, 584, 585, 586, 596, 598, 54/55, 43, 18, 34, 33, 54/59 of N.K. Patta No.Old 1, New 7, 8, 9, 1 and 13 of village North Jalukbari in the district of Kamrup in Mouza Jalukbari under Police Station Jalukbari in the district of Kamrup.