BISWAJIT DEY Vs. STATE OF ASSAM

JUDGEMENT

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

(2.) The Petitioner in WP(C) No.6675/2017 claims that the Deputy Commissioner, Kamrup had acquired land at Paltan Bazar belonging to the Shah Family for opening a market. The Petitioner's mother Late Renu Kana Dey was running a shop since 1960 in the said market. Thereupon, the State Authorities developed the said land and was called Municipal Market and after the coming into effect of the Guwahati Municipal Corporation Act, 1971, the market was constituted as a Guwahati Municipal Corporation Market. It has been specifically stated that the Petitioner's mother was allotted Room No.17 at that point of time. However, there is no document enclosed to the writ petition in that regard.

(3.) It is also relevant to mention that the said land wherein the Petitioner claims that a room was allotted to the mother of the Petitioner is part of a land measuring 3 Kathas 8 Lechas covered by Dag No.3217 under K.P. Patta No.397 of Sahar Guwahati Paltan Bazar, Part, Mouza Ulubari which was re-numbered as Dag No.564 of draft Patta No.95. A litigation was fought amongst the owner of the said plot of land measuring 3 Kathas 8 Lechas along with the Government of Assam and the Municipal Corporation wherein various persons who were occupying the said lands were also parties to the said suit. The said suit was registered and numbered as Title Suit No.1/1991.