SUDHA JAIN Vs. STATE OF ASSAM

JUDGEMENT

(1.) The instant writ petition has been filed by the petitioner challenging the order dtd. 17/10/2017 passed by the Deputy Commissioner, Kamrup, Amingaon whereby the Deputy Commissioner, Kamrup, Amingaon passed an order that the ryots would also be entitled to a part of the compensation in respect to LA Case No.11/2012.

(2.) The facts involved in the instant case in brief are that one Shri Jagadhar Choudhury and Shri Hemadhar Choudhury were the original owners and Pattadars of agricultural lands measuring 19 bighas, 3 Kathas 6 Lechas covered by Dag Nos.108 and 109 of N.K. Patta No.6 of Maliata Revenue Village under Palashbari Revenue Circle in the district of Kamrup, Assam.

(3.) It is the further case of the petitioner that there were seven occupancy tenants who used to cultivate their lands earlier under the respondent Nos.5 and 6 were issued the Khatian No.43. Subsequent to the change of the character of the land and as the land became not suitable for agriculture purposes, there was no further cultivation over the said land by the said occupancy tenants. It is the further case of the petitioner that the respondent No.7 had executed a Deed of Relinquishment in favour of the respondent Nos.5 and 6 whereby the possession of 7 bighas out of 20 bighas of land covered by Dag No.108 of Patta No.6 (vide Khatian No.43, situated at village Maliata Revenue Village, Mouza-Chayani under Palashbari Revenue Circle) was handed over to the respondent Nos.5 and 6. This registered Deed of Relinquishment was executed on 16/2/2008, and thereupon, the petitioner purchased the said land vide the registered Deed of Sale bearing Deed No.5220/2008 dtd. 31/3/2008. It is the further case of the petitioner that the respondent Nos.8, 9 to 12 and 13 to 17 all executed the Deed of Relinquishment in favour of the respondent Nos.5 and 6, and thereupon, the respondent Nos.5 and 6 vide various Deeds of Sale bearing Deed No.5370/2008 dtd. 5/4/2008, Deed No.5426/2008 dtd. 7/4/2008 and Deed No.5281/2008 dtd. 4/4/2008 transferred the said land mentioned therein to the petitioner.