AROBINDA KALITA Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. S. Hoque, learned counsel for the petitioners and Mr. K. Gogoi, learned Central Government Counsel for all the respondents.

(2.) The petitioners, 6 [six] in nos., have joined together to institute the present writ petition seeking to invoke the extra-ordinary and discretionary jurisdiction of this Court under Article 226 of the Constitution of India to assail eviction notices, all dtd. 15/2/2024, served upon them by the respondent no. 4, that is, the Estate Officer, N.F. Railway, Rangia Division, Rangia.

(3.) The case projected by the petitioners, in brief, is that they are members of one family and their predecessors-in-interest were enjoying peaceful possession of a plot of land measuring 3 Bighas 2 Kathas 2 Lessas [03B-02K-02L], covered by Dag no. 1627 and Patta no. 49, situate at Revenue Village - Bartezpur, Mauza - Rampur, Palasbari Revenue Circle, District - Kamrup, Assam ['the subject-plot', for short] since long and the jurisdictional Mouzadar had/has been issuing land revenue receipts acknowledging receipt of land revenue from the predecessors- in-interest/petitioners. To substantiate such contention, the petitioners have annexed few of the land revenue receipts with the writ petition. It is the further case of the petitioner that the subject-plot measuring 3 Bighas 2 Kathas 2 Lessas [03B-02K-02L] had been mutated in favour of the petitioners and other member of the family by an Order dtd. 27/2/2022 passed by the Circle Officer in Mutation Case no. KAM/PAL/2021-22/10785/CONV. In the process, the subject-plot which was under annual patta earlier, has been converted into periodic patta with Dag no. 1627 and Patta no. 49. With such projections, the petitioners have claimed that they have the status of a land holder under Assam Land and Revenue Regulation, 1886 in so far as the subject-plot is concerned. The petitioners have claimed that they are in possession of the subject-plot for a long period of time.