ACHYUT BORA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. R Sarma, learned counsel for the petitioners. Also heard Mr. SP Roy, learned counsel for the respondent Nos.5 and 6 as well as Mr. G Pegu, learned State counsel.

(2.) The core issued involved in this writ petition is as to whether the land measuring 8 bighas 3 kathas 10 lechas of Dag No.401 of KP Patta No.60 of village Bihdia, Mouza Chaygaon Pantan, 4 bighas 1 katha 4 lechas covered by Dag No.707 of KP Patta No.348 of village Makali Mouza Chaygaon Pantan and 4 bighas 4 kathas 10 lechas covered by Dag No.560 of KP Patta No.126 of village Naopara, Mouza Chaygaon Pantan belongs to the writ petitioners or it belongs to the respondent temple authorities.

(3.) From the Jamabandi, it is noted that the land originally belongs to Chaturbhuj Thakur @ Chaturbhuj Bora, but the question as to whether said Chaturbhuj Thakur was a living person being the predecessor-in-interest of the petitioners or Chaturbhuj Thakur was a deity of the concerned temple is not clear. Without adjudicating the aforesaid question no further legal right of the respective parties can be determined.