SHANTI HARIJAN Vs. M. ANGAMUTHU

JUDGEMENT

(1.) The writ petition as well as the contempt application are taken up together for disposal by this common judgment and order.

(2.) The Petitioners herein claims that they were in possession of a plot of land measuring 1 Katha 10 Lechas covered by Dag No.1882 and 1312 (Kha) of village Sahar Guwahati Dwitiya Khanda Mouza Guwahati. Upon the said land, the Petitioners had constructed a house which was assessed to the GMC bearing Holding No.28 of Ward No.XX of the GMC. The Petitioners also had electricity connection to their house. Sometime in the year 1994, the Petitioners applied for settlement of the said land. The same is evidenced from Annexure-5 to the writ petition. The said settlement application was pending when the Petitioners received a notice dtd. 25/1/2013 under Rule 18(2) of the Settlement Rules read with Sec. 165(1), 165(2) and 165(3) of the Assam Land and Revenue Regulations, 1886. In the said notice, it was specifically mentioned that the said notice was issued in connection with Eviction Case No.4/2013 wherein it was mentioned that the Petitioners were in occupation of Government wetland measuring 1 Katha 10 Lechas covered by Dag No.1312 and the Petitioners were directed to be evicted forthwith.

(3.) The record reveals that the Petitioners thereupon filed a writ petition challenging the said notice which was registered and numbered as WP(C) No.1920/2013. The said writ petition was disposed of vide an order dtd. 9/4/2013 observing inter alia that the Petitioners be permitted to file an objection within 15 days and upon filing of the said objection within the period stated therein, the Additional Deputy Commissioner shall consider the same in accordance with law and pass necessary orders within 30 days thereafter. It was further mandated that any order so passed shall be duly communicated to the Petitioners. This Court further finds it pertinent to observe that in the order dtd. 9/4/2013, this Court had specifically observed that status quo as regards the possession shall be maintained for 45 days (15 days for filing the application and 30 days for disposal).