BABURAM NARZARY Vs. STATE OF ASSAM

JUDGEMENT

(1.) The subject matter of challenge and the reliefs sought for in both the writ petitions being common leading to determination of common question of law, both the matters were heard analogously and are being disposed of by this common judgment.

(2.) Heard Mr. A. Dasgupta, learned counsel for the petitioner and Mr. D. Das, learned Standing Counsel, Bodoland Territorial Council as well as the learned Central Government Counsel for the respondents.

(3.) Writ Petition(C) No.5043/08 has been filed by a group of 25 petitioners alleging that they belong to Schedule Tribe (Bodo) [for short, 'ST'] community of Assam residing in Saralpara forest village under the Haltugaon forest division in the district of Kokrajhar, Assam and their names have been entered in the voter list of 30 No. Kokrajhar (East) ST Legislative Assembly Constituency as inhabitants of Saralpara village. The petitioners were the victims of ethnic clashes of 1996 that took place between the Boro and Adivasi people and they shifted to Naharani Relief Campus near Bhutan Border established by the State authorities. Subsequently, they came back to their place of residence at Saralpara village in the year 1998. Due to re-eruption of ethnic clashes they were again shifted to Naharani relief camp and thereafter to Lahoripara relief camp. Upon prevailing harmony between the two rival groups, the petitioners and other group of persons returned to their original place of residence and constructed their thatched houses and started their normal avocation. On 22.9.2008, some officials of SSB department came to their place and asked them to vacate the said place and also demolished some of the thatched houses, constructed by them.