SAHJAHAN ALI Vs. UNION OF INDIA

JUDGEMENT

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

(2.) As per the facts projected, 37 nos. of petitioners representing their respective families have joined together in this petition. According to the petitioners, they had purchased certain lands measuring in total 8 bighas, 1 katha, 14 lechas pertaining to Dag No. 13 of KP Patta No. 109 of Village-North Jalukbari, Mouza-Jalukbari in the district of Kamrup (M), Assam. It is contended that Patta No. 109 contains in total 64 bighas, 1 katha, 6 lechas out of which, Dag No. 13 contains 60 bighas, 2 kathas, 7 lechas. Out of Dag No. 13, an order was passed by the respondent no. 4 on 28/2/2001 whereby 47 bighas, 16 lechas of land was made Sarkari land and the remaining land measuring 13 bighas, 1 katha, 11 lechas of Dag No. 13 remained as patta land and the petitioners claim ownership with possession over a plot of land of 8 bighas, 1 katha, 14 lechas out of the aforesaid 13 bighas, 1 katha, 11 lechas of patta land.

(3.) The respondent no. 6 had issued an order dtd. 19/11/2009 whereby, it has been alleged that land records have been manipulated and the entire patta land of 13 bighas, 1 katha, 11 lechas pertaining to Dag No. 13 was termed as Sarkari and reserved in the name of railway as acquired land of railway. It is contended that there were no documents for such order to be passed by correcting the Jamabandi . The petitioners had approached the respondent no. 4 and a hearing had accordingly taken place on 21/12/2009, however, no action was taken to redress the grievance of the petitioners. It is also the case of the petitioners that some of the similarly situated persons had filed Title Suit No.100/1999 which was decreed vide the judgment and decree dtd. 20/7/2001 declaring right, title and interest in favour of 14 such similarly situated persons. The approach to this court was on the apprehension that the petitioners could learn that the Railways were contemplating to evict the petitioners out of their respective plots by way of eviction.