SMT. HAZERA BEWA Vs. THE STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. D.K. Sharma, the learned counsel appearing for the petitioner. The respondent Nos.1 to 5 are represented by the learned Govt. advocate Mr. P.S. Deka. The contesting litigants are arrayed as the respondent Nos.6 to 9 and they are represented by Mr. S. Nath, the learned counsel.

(2.) The matter relates to 8 bighas 4 kathas land at village Kajipara Part -I covered by Dag No.170/171(old), 972(new) under Chapar Revenue Circle in Dhubri district. The predecessor of the respondents, Sania Sheikh was the khatian holder of the said land. But as he defaulted in paying the revenue, the Khatian No.100 was cancelled and the land was declared to be the Govt. khas land by the Dhubri Deputy Commissioner on 24.07.1972 and the order passed by the Asstt. Settlement Officer on 31.07.1972. The concerned land by the bank of the Champabati river was submerged in 1972 and this may have been the reason for the revenue default, by the khatian holder.

(3.) The river submerged land re -remerged in the year 1987 and since then the successors of the original khatian holder claim to be in possession of the land by paying the Touzi Bahira Revenue.