RAMAJI HARIJAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. U.K. Das, the learned counsel appearing on behalf of the petitioner. Mr. R. Borpujari, the learned counsel appears on behalf of the respondent No. 1 and Mr. J. Handique, the learned counsel appears for the respondent Nos. 2 and 3.

(2.) Taking into account that in the instant writ petition the affidavit-in opposition as well as the affidavit-in-reply have already been filed, this Court takes up the instant writ petition for disposal at the motion stage itself.

(3.) The case of the petitioner herein is that the petitioner has been occupying a plot of land measuring 1 bigha 1 Katha 6 lessa comprised in Dag No. 674 under Mouza Madar-tola with Kamalpur Revenue Circle and has been residing therein by constructing a thatched house since long back. The petitioner also has been paying Touzibahi revenue to the Government from time to time. As would appear from the records that taking into account that the petitioner's father was residing in the said land for the last 60 years and after death of his father he has been residing for the last 30/40 years. The petitioner submitted an application on 16/2/2020 for settlement of the land. It has been admitted in the affidavit filed by the respondent No. 3 to the instant writ petition that the said application dtd. 16/2/2020 filed by the petitioner is still pending. However, on 1/12/2021, the petitioner was served a notice by the respondent No. 3 directing him to vacate the land within seven days. It is under such circumstances, the instant petition was filed.