RINA BORA Vs. STATE OF ASSAM

JUDGEMENT

(1.) The instant petition under Article 226 of the Constitution of India has been filed with the following relief:

(2.) As per the facts projected, the Jorhat Development Authority (hereinafter JDA) had conducted a lottery for allotment of land in which the husband of the petitioner, who was working with the ONGC Jorhat, had participated. The said lottery was held on 15/11/1993 in which the husband of the petitioner was successful and was allotted an area of 200 square meters vide an order dtd. 13/12/1993. Along with the said order, there was a schedule of payment and as per the petitioner, the entire amount, as per the schedule was paid by 13/2/1995. Unfortunately, on 26/2/2005, the husband of the petitioner had passed away and the petitioner has claimed that she had executed an affidavit regarding the death of the husband and had submitted the same in the Office of the JDA and had also visited the office a number of times. On 19/11/2013, the petitioner had submitted an application for transfer of the land in which there was an endorsement by the Circle Officer on 11/12/2013"may be allowed". The petitioner had accordingly applied for Land Sale Permission and on 7/3/2014, the permission for sale of land was granted. The grievance of the petitioner is however with a communication dtd. 7/1/2014 issued by the Jorhat Development Authority by which the allotment was cancelled. It has been stated that as there was no response to the earlier letter dtd. 5/11/2012, the said cancellation was done.

(3.) The petitioner had replied to the Jorhat Development Authority by stating that the letter dtd. 5/11/2012 was addressed to her husband, who had passed away long time back in the year 2005. She had also submitted that the information of death of the husband was given to the authority long back. In the meantime, the plot in question was allotted to the Respondent No. 4 and all these actions are the subject matter of challenge in the present writ petition.