LAWS(GAU)-2023-10-4

KUCHUMI SONOWAL Vs. STATE OF ASSAM

Decided On October 03, 2023
Kuchumi Sonowal Appellant
V/S
STATE OF ASSAM Respondents

JUDGEMENT

(1.) Heard Mr. Manas Barman, learned counsel appearing for the writ petitioners. I have also heard Mr. D. Saikia, learned Advocate General, Assam, assisted by Mr. R. Borpujari, learned Standing Counsel, Revenue and Disaster Management Department, Assam, appearing for the respondents.

(2.) The writ petitioners herein, numbering 15 in total, have jointly approached this Court by filing the instant writ petition seeking protection from the proposed move to evict them from the plots of land under their occupation on the basis of oral instructions issued by the Circle Officer of Naharkatia Revenue Circle.

(3.) The facts of the case, in a nutshell, are that the writ petitioners herein claim to be the residents of Na-gaon Hojuwa Pathar, Naharkatia in the district of Dibrugarh. As per the case projected through the pleadings, the petitioners are in occupation of land covered by sarkari dags. Some of the writ petitioners have also constructed dwelling houses over the land under their occupation with the assistance of grants provided under the 'Prima Minister's Awas Yojana ' Gramin' (PMAY-G). While the writ petitioners were occupying the aforesaid plots of sarkari land, the Circle Officer, Naharkatia Revenue Circle, (who is not a party to the writ petition) had allegedly issued oral instructions to the petitioners to vacate the land within two days as the land is required for some public project. As per the statement made in the writ petition, the Circle Officer had also assured the writ petitioners to provide them with alternative housing in a neighbourhood.