BANI KANTA SARMA Vs. STATE OF ASSAM

JUDGEMENT

(1.) This fresh round of litigation pertains to the notice No. KRS.447/2004/51 dated 29/9/2004 issued by the Additional Deputy Commissioner, Kamrup (Metro) seeking eviction of the petitioners from the land involved following the cancellation of the settlement thereof in favour of their predecessor in interest. By order dated 15/10/ 2004, this Court while issuing notice directed maintenance of status quo of the land by the parties. Pending further consideration, by order dated 12/10/2004, this Court while fixing 15/10/2004 for motion hearing suspended the operation of the impugned notice dated 29/9/2004. The petitioners claim that on the basis thereof they continue to occupy the land as on date.

(2.) I have heard Mr. SP Roy, learned Counsel for the petitioners, Mr. S. Ali, Additional Advocate General, Assam, for the official respondents and Mr. CK Sharma Baruah, Sr. Advocate assisted by Mr. D. Das, Advocate for the respondent No. 4 and 5.

(3.) As observed herein above, the parties had crossed swords in their earlier outing also involving the same land. The debate there related to the validity of the settlement thereof made by the official respondents in favour of Shri Premoda Kanta Sarma (since deceased), the predecessor in interest of the petitioners. The endeavour to get the land cleared of the petitioners by the notice impugned is in the wake of the judicial determination upholding the challenge to the settlement leading to the cancellation thereof. Be that as it may, to resolve the present controversy as well a brief narration of the facts highlighted in the pleadings of the parties has to be essentially made.