MAHIM CHANDRA NATH Vs. STATE OF ASSAM

JUDGEMENT

(1.) All these 3 writ petitions being connected, are heard together and disposed of by this common judgment and order. The subject matter involves eviction of the petitioners from certain plots of land.

(2.) As per the facts projected, the petitioners were initially residing at Gorukhuti near Sipajhar and due to a flood situation in the year 1950, they had to shift from their original place of residence and had prayed to the authorities for their rehabilitation. It is projected that around 60 such families were rehabilitated in Tea Garden area, namely, Saloipara Village which was requisitioned. According to the petitioners, they were also paying certain revenues in terms of the Assam Land (Requisition and Acquisition) Rules, 1950. However, while the petitioners were in peaceful possession, they were issued notices directing for production of the documents pertaining to the ownership / possession of the land or otherwise the allotment, if any, would be cancelled. In response to the said notices, few of the petitioners had submitted documents but due to a fire, certain important documents were gutted for which the other petitioners could not submit the documents. Few of the petitioners had also approached the Civil Court by filing a Title Suit which was however withdrawn on technical grounds. Thereafter, a writ petition being WP (C)/7531/2013 was filed which was also withdrawn due to certain developments followed by filing of these 3 (three) writ petitions.

(3.) I have heard Shri K.K. Mahanta, learned Senior Counsel assisted by Ms. N. Begum, learned counsel for the petitioners in all the three cases.I have also heard Shri H. Sharma,learned Addl. Senior Government Advocate, Assam, Shri A. Bhattacharjee, learned Standing Counsel, Revenue Department and Ms. P.R. Mahanta, learned Standing Counsel, Technical Education Department.