RAJEEV GOSWAMI Vs. STATE OF ASSAM AND ORS.

JUDGEMENT

(1.) The writ petition WP(C) No. 3282/2006 has been filed by the petitioner Challenging the legality and the validity of the judgment and order dated 15.6.2006 passed by the Assam Board of Revenue in Case No. 115 RA(K)/2005 dismissing the appeal filed by the petitioner confirming the order passed by the Deputy Commissioner, Kamrup, in Encroachment Case No. 16/2005. Similarly, WP(C) No. 3283/2006 has been filed challenging the decision of the Assam Board of Revenue passed in Case No. 116 RA(K)/2005 upholding the notice of eviction dated 25.5.2005 issued by the Deputy Commissioner, Kamrup.

(2.) Both these two writ petitions have been filed by the same petitioner and the points involved for determination also being common, as prayed for, these writ petitions are heard analogously and disposed of by this common judgment and order.

(3.) I have heard Mr. P.C. Deka, learned senior counsel for the petitioner assisted by Mr. N. Deka, learned Counsel and Mr. PS. Deka, learned GA, Assam. Mr. A.K. Phukan, learned Advocate General, Assam, has also assisted this Court as the matter pertains to certain policy of the State Government in the matter of land transfer/settlement falling within the Tribal Belt area, constituted under Sec. 160 of the Assam Land and Revenue Regulations, 1886, (for short the "Regulations").