INNACH ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. S. Borthakur, the learned counsel for the petitioners and Mr. R. Borpujari, the learned counsel appearing on behalf of the respondent No.1 as well as Mr. N. Goswami, the learned counsel appearing on behalf of the respondent Nos.2 to 4.

(2.) The writ petition is taken up for disposal at the motion stage taking into account the various orders passed and the records being made available during the course of hearing.

(3.) The petitioners herein claim that their predecessors-in-interest have been in possession of certain Government land. There were various eviction proceedings initiated against the predecessors-in-interest of the petitioners for which a challenge was made before this Court in Civil Rule No.867/1982. It appears from the record that the learned Division Bench of this Court vide the judgment and order dtd. 21/7/1989 disposed of the said writ petition. While disposing of the said writ petition, the learned Division Bench of this Court took into account the submission so made by the learned counsel appearing on behalf of the petitioners in the said writ petition to the effect that those eviction notices have been issued to the petitioners therein without considering that their case were covered by the policy decision relating to settlement of agricultural land in the State of Assam which was made a part of the said writ petition as Anexure-3. The learned Division Bench of this Court taking into account that as to whether the petitioners in the said writ petition would come within the ambit of the said policy decision of the Government of Assam cannot be decided in the said proceedings gave the liberty to the respondents to take a decision as regards the question of settlement of the petitioners therein pursuant to the said policy decision. It was further made clear that if the cases of the petitioners therein did not fall within the ambit of the policy decision, the petitioners shall have to vacate the land under their possession for which such steps would be taken against them as is permissible under law. It was further made clear that till a decision is taken by the authorities relating to the question of settlement on the basis of the policy decision, the possession of the petitioners therein should not be affected. Paragraph No.2 of the said judgment is reproduced herein under: