KALICHARAN MANDAL Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Ms. BS Goyal, the learned counsel appearing on behalf of the petitioners. Mr. R. Borpujari, learned counsel appears on behalf of the Revenue Department, Government of Assam and Mr. D. Nath, the learned Senior Government Advocate, Assam appears on behalf of the respondent Nos. 2, 3 and 4.

(2.) Two hundred and seven writ petitioners have joined together to file the present writ petition challenging the eviction process initiated by the Circle Officer, Dhekiajuli Revenue Circle by issuance of eviction notices to them all dtd. 15/11/2021. In addition to that, the petitioners have also sought for a direction that the land under their possession should be settled by the respondent authorities in terms with the Assam Land Policy, 2019 on the ground that the petitioners are indigenous landless persons entitled to settlement.

(3.) From a perusal of the writ petition, it is seen, more particularly, at paragraph Nos. 4 and 7 that only details have been given, in so far as the petitioner Nos. 1,2,3,4,6,7,8,9 and 10, but the writ petition is, otherwise, silent in respect to the credentials of the other writ petitioners. It is further seen that in Annexure-A series and Annexure-B series to the writ petition Voter Cards as well as NRC extracts have been enclosed. This Court has duly perused the Annexure-A Voter cards, wherein addresses have been duly mentioned of the respective petitioners. However, it is seen that it is only in respect of some of the petitioners it has been shown that their addresses are at Chitalmari Non-K. It is further noticed that from Annexure-B which are extracts of the NRC, wherein some of the petitioners are shown as residents of village Chitalmari Non-K. This Court has also taken note of Annexure-C to the writ petition, which are some of the revenue receipts pertaining to payment of penalty on account of occupation of Government lands (Touzi Bahira) and there appears to be no correlation specifically in the pleadings with those documents. Annexure-D are some of the eviction notices dtd. 15/11/2021 which the petitioners have challenged pertaining to the initiation of the eviction proceeding initiated under Rule 18 of the Settlement Rules framed under the Assam Land and Revenue Regulations, 1886 (for short 'the Regulations').