SRIMATI PUTUL KALITA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. W. Raja, learned counsel for the petitioner; Mr. P. Nayak, learned Standing Counsel, Guwahati Metropolitan Development Authority [GMDA] for the respondent nos. 1, 2, 3, 4 and 6; and Ms. S. Baruah, learned Junior Government Advocate, Assam for the respondent nos. 5 and 7.

(2.) In this writ petition under Article 226 of the Constitution of India, the petitioner has stated that the petitioner and her daughter [the respondent no. 8] purchased a plot of land measuring 1 Katha 5 Lessas, covered by Dag no.278 and Patta no. 123, situate at Sahar - Bharalumukh Part-II, Mouza - Jalukbari, Guwahati Revenue Circle ['the subject-plot', for short] by way of a registered Sale Deed no. 4471 dtd. 10/11/1994. After the purchase, the subject-plot got mutated in the name of the petitioner and the respondent no. 1 jointly by an Order dtd. 24/3/1995 passed in Mutation Case no. 273/1994-1995 by the respondent no. 7. At the time of purchase of the subject-plot, there were one pre-existing RCC [G+1] building and one RCC Assam type house attached with the RCC building on the subject-plot.

(3.) The petitioner has further stated that there was no mention in the Sale Deed regarding the individual shares of the petitioner and the respondent no. 8. There was, however, a mutual settlement agreement dtd. 4/11/1999 between the petitioner and the respondent no. 8, which contained a condition of erecting a partition wall by the respondent no. 8 between the lands of the petitioner and the respondent no. 8.