ABDUL HALM DEWAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A.B. Choudhury, learned Senior Counsel for the petitioners, Mr. G. N. Sahewalla, learned Senior Counsel for the respondents 2, 3 and 4 and Mr. C. Baruah, learned Senior Counsel for the respondent No. 6.

(2.) Briefly stated the case is that a land measuring 10 lachas covered by PattaNo. 56, Dag No. 71/203 (new) situated ar Dokmoka Town under Howraghat Mouza was purchased for the purpose of establishment of aMasjid at Dokmoka Town from one late Hemai Rongpi. After the land was purchased, a Masjid Committee was constituted and a Masjid was also constructed on the land in the same year. Since then, the land was in possession of the Masjid Committee represented by the petitioners.

(3.) While the petitioners were in possession of the land, anotice dated 21.2.02 was issued to Smti. Jonaki Rongpi, respondent No. 6 and one Sri Halim Mekar directing them to appear before the Assistant Settlement Officer & E AC (In-charge),Phulani Circle on 28.2.02 in order to visit the land and have a spot verification of the land in dispute. Thereafter, no action was taken against the petitioners. However, by another notice dated 21.3.2002 addressed to the petitioners 1", 3 and 4, the Assistant Settlement Officer & EAC directed the petitioners to vacate the land within one month from the date of receipt of the notice, failing which legal action will be taken against the petitioners in accordance with law. It is this letter which is assailed by the petitioners in this writ petition.