JYOTI INDUSTRIAL SOCIETY Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A. Roshid, learned counsel for the petitioner. Also heard Mr. S.P. Choudhury, learned counsel for the respondent.

(2.) The petitioner society is functioning in the name of "Jyoti Industrial Society" and is registered under the Registration of Societies Act. It is stated that a plot of land measuring 22 bighas 3 kaths 8 lechas covered by Dag Nos.226 and 227 of Village No.1 Pipalpukhuri Kisam, Mouza-Kaki, District-Nagaon was under the physical and undisputed possession of one late Surjya Singha during his lifetime since 1950 and that the said Surjya Singha was continuously enjoying the land by way of agricultural activities. In the year, 1974, local people constituted a society for promotion of agricultural production and in the year 1980, the petitioner society was registered with Sri L. Thoiba Singha as its secretary. It is stated that Sri L. Thoiba Singha is the son of aforesaid Surjya Singha, who was in possession of the concerned land.

(3.) After its registration, the said society had submitted an application before the Deputy Commissioner, Nagaon for allotment of the aforesaid land in the name of Jyoti Industrial Society. The said application was placed before the Sub-Divisional Land Advisory Committee, Hojai, Sub-Division and the Advisory Committee in its meeting held on 09.07.1987 had adopted the resolution No.1985, whereby, approval was given for allotment of 22 bighas 3 kathas 8 lechas of land under Dag No.226 and 227 of Village No.1 Pipalpukhhuri Kisam under Nagaon district in favour of the petitioner Jyoti Industrial Society. To this effect, the Sub-Divisional Officer, Hojai had also issued a certificate dated 011.1987 stating that the land had been approved by the Land Advisory Committee on 09.07.1987. The petitioner also refers to a letter dated 08.09.1995 of the Deputy Commissioner, Nagaon, whereby, they were informed that the value of the allotted land was fixed at Rs. 50,000.00 and that the local government Gaonburah had issued a certificate in the year 1996 that the land is under their possession.