OM PRAKASH MODI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A.D. Choudhury, learned counsel for the petitioner, Mr. K. Agarwalla, learned senior counsel appearing for the respondent No.5 and Ms. M. Barman, learned State counsel appearing for the respondent Nos. 1 to 4.

(2.) The respondent No.5 Modinagar Tea Company Ltd was allotted certain land by the Government for special tea cultivation and they are holding the said land for more than 50 years. The petitioner makes a statement in the writ petition that although the said land had been allotted for the purpose of special tea cultivation, but no such tea cultivation has been carried out and most of the land of the garden had been acquired by the Government for the Oil and Natural Gas Corporation.

(3.) Be that as it may, one Lekh Ram Agarwalla is said to have been in possession of 1B-3K of the aforesaid land under Dag No.73 of Chah Myadi Patta No.1 of Geleki Bagan under Athkhel Mouza of Nazira Revenue Circle in the district of Sivasagar. It is stated that the said Lekh Ram Agarwalla claims his right as a ryot under the respondent No.5.