SHRI MANIK UDDIN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. N. Dhar, the learned counsel appearing for the petitioners. The State authorities (respondent Nos.1 to 4) are represented by the learned Govt. advocate Mr. P.S. Deka. The impleaded private respondents (respondent Nos.7 to 12) are unrepresented today and Mr. I. Alam, the learned counsel submits that the case brief was taken away by these clients and therefore at the present stage of the proceeding, he has no instruction to represent the private respondents.

(2.) The petitioners are claiming settlement of ceiling surplus land measuring 13 bighas, 9 kathas and 5 chataks under Dag No.336(Part), Mouza - Kitte Uttar Bandarkuna in Karimganj district. They also seek protection from eviction from the occupied area. The occupiers had applied for settlement of those land and the Sub -Divisional Land Advisory Committee, Karimganj in their meeting held on 05.12.2008, under resolution No.30, approved the proposal to settle a portion of the ceiling surplus land in the L.C. Case No.14/1973, with Manik Uddin and 12 others and six of those beneficiaries seek direction for enforcement of the land settlement decision taken in their favour.

(3.) The learned counsel for the petitioners submits that the land in question was originally under possession of Smt. Rida Rambai and from her, one Md. Ajir Uddin secured possession of the land from the original occupier, through the unregistered deed dated 04.06.2001 (Annexure -2). Subsequently under another agreement dated 22.08.2008 (Annexure -4), the possessory right over the said land was transferred by Md. Ajir Uddin in favour of the petitioners and since then, they are in occupation of the ceiling surplus land, for which they applied for allotment.