RIZWAN ALI Vs. MAFAZUL HUSSAIN

JUDGEMENT

(1.) Heard Mr. L. Mohan, learned counsel for the petitioner.

(2.) The petitioner Rizwan Ali as applicant No. 2 instituted Land Grabbing Case No. 13/2015 against the respondents herein, namely, Md. Mafazul Hussain, Md. Sahad Hussain Ahmed and Md. Sadique Hussain, as land grabbers, with the State respondents through the Deputy Commissioner, Tinsukia and others as respondents. As per the application, land measuring 1 katha 2 lechas of Dag No. 424 of Periodic Patta No. 13 and land measuring 4 lechas of Dag No. 449 of Periodic Patta No. 12 together with some other land of the concerned pattas were initially purchased jointly by Taibun Nessa @ Lutful Nessa, being the grandmother of the applicants, Alibun Nessa and Afzalan Nessa. On the death of the joint purchasers the shares of Taibun Nessa and Afzalan Nessa devolved by inheritance upon the applicants and their brother Elias Ali. Subsequently, Elias Ali died. In paragraphs 15 and 16 of the application it is stated as extracted below:

(3.) From a reading of the afore-extracted paragraphs in the application, it is discernible that it is the allegation of the applicants that in respect of certain land purchased by the land grabbers, which is stated to be land other than the land of the applicants, fraudulently the dag numbers had been manipulated and the dag numbers pertaining to the land of the applicants had been inserted and taking advantage of such fraudulent manipulation of the sale deed, the land grabbers are presently illegally occupying the land of the applicants.