ISMAIL ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) The instant writ petition under Article 226 of the Constitution of India is preferred against an Order dtd. 29/9/2014 passed by the Commissioner and Secretary to the Government of Assam, Revenue and Disaster Management Department [the respondent no. 1] whereby the claim made by the petitioners for settlement of a parcel of land, described herein below, measuring 7 Bighas 1 Katha 17 Lessas, in their favour has been rejected. The petitioners have also sought for a direction in the nature of Mandamus to the respondent authorities to restrain or forebear them from giving effect to the resolution passed by the Land Advisory Committee, Hojai whereby the allotment of land to the petitioners had been rejected.

(2.) The parcel of land in respect of which the petitioners have claimed settlement is a parcel of land measuring 7 Bighas 1 Katha 17 Lessas located in Village - Pachim Jaruni, Mouza - Namati, District - Nagaon. The parcel of land [hereinafter referred to as 'the subject-plot', for ease of reference] comprises of an area measuring 3 Bighas 3 Kathas 5 Lessas in Dag no. 120 and 3 Bighas 3 Kathas 12 Lessas in Dag no. 121 located in Revenue Village - Pachim Jaruni, Mouza - Namati, District - Nagaon.

(3.) The petitioners are six in nos. and they are : [i] Ismail Ali, [ii] Younus Ali, [iii] Latfur Rahman, [iv] Atabur Rahman, [v] Hijfour Rahman and [vi] Samsul Haque, who all are sons of one Abdul Aziz and all the petitioners are also residents of Village - Pachim Jaruni, Mouza - Naumati, District - Hojai [earlier part of District - Nagaon], Assam.