JAHARUL ISLAM BORBHUIYA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. M.K. Boro, learned Counsel for the petitioner and Mr. H. Rahman, learned State Counsel for the official respondents. The learned Counsel for the petitioner submits that the names of the respondent Nos. 3, 4 and 5 be struck off from the array of respondents. Ordered accordingly.

(2.) The un-rebutted pleaded case of the petitioner is that, his father along with his relatives owned a plot of land measuring seven bighas abutting Hailakandi-Badarpur PWD road under Algapur Police Station in the district of Hailakandi, Assam. They earned their livelihood by raising cultivation thereon. In the year 1990, the local MLA of Algapur Constituency having mooted a proposal to provide appointments to their sons/daughters and near relatives in lieu of the land to be donated for construction of the Block Development Office in the locality, the petitioner s father along with other five co-sharers responded thereto positively and donated the aforesaid land covered by RS Patta Nos. 328 and 329, Dag Nos. 1055 and 1063 of Mouza Barnagad in the district of Karimganj. A deed to the said effect was also executed by them on 19.05.1990.

(3.) No affidavit in opposition has been filed by the respondents.