GANESH CHAUHAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. R.S. Chouhan, learned counsel for the petitioner. Also heard Mr. Y. Dodoi, learned Addl. General Govt. Advocate appearing for the state respondents and Mr. R. Sinha, learned counsel appearing for the respondent No.8. Although, the respondent Nos. 6 and 7 had been served, the state respondents have chosen not to appear before this Court.

(2.) It is the case of the petitioner that the father of the petitioner No.1. Munnar Chauhan was a landless person and in the year 1955, the respondent Nos. 2 and 4 had permitted him to occupy a plot of land measuring 10 bighas covered by Dag No.20/22 Touzi No.43 under Rangmati Mouza in the Mangaldoi district. Accordingly, the said Munnar Chauhan had occupied the land by clearing the jungle and since then he was in continuous possession over the said land by constructing dwelling houses. It is stated that during the lifetime of the said Munnar Chauhan, an application in the form B was submitted before the concerned authority for settlement of the land under his possession and the said application was duly accepted. In the year 1982 one Jogesh Das along with seven others taking advantage of the poverty and helplessness of M. Chouhan had forcefully occupied the land in question by dispossessing Munnar Chauhan. Munnar Chauhan, accordingly, preferred an application under Section 145 Cr.P.C. before the Executive Magistrate, Mangaldoi by filing Misc Case No.189/1982.

(3.) Learned Executive Magistrate by order dated 14.02.1985 had confirmed the possession of Munnar Chauhan by arriving at a conclusion that the said land was in his possession for the last 25 years and that he was cultivating over the land. Accordingly, possession was declared in favour of Munnar Chauhan. The petitioner in this petition is now aggrieved by certain settlement orders made in favour of the respondent No.8 saying that the said settlement had been made illegally which is in violation to the legal right of the petitioner. The State respondents, on the other hand, has filed an affidavit-in-opposition, stating that the petitioner by showing muscle power had forcefully occupied the village grazing reserve land and that one of the petitioner, who is deceased in the meantime, had stated on oath by writing before the Circle Officer, Mangaldoi Revenue Circle on 13.04.2011 that he had illegally occupied 25 bighas of Government land at Gerimari Chapori Revenue Village and on 06.04.2011, he sold 2 kathas of land out of 25 bighas to some other villager named Shri Dulal Das at consideration money of Rs. 1,10,000/-. It is also stated that the petitioner had illegally sold earth to the owners of tractors and trucks from the illegally occupied Govt. land. The State respondents also denied that the respondent Nos.2 and 4 had allowed Munnar Chouhan to live in the land measuring 10 bighas covered by Touzi No.43 of Dag No. 20/22 and that there is no such record in the office of the respondent Nos. 2 and 4.