LAWS(GAU)-2009-5-30

LONA SARMA Vs. STATE OF ASSAM

Decided On May 26, 2009
LONA SARMA Appellant
V/S
STATE OF ASSAM Respondents

JUDGEMENT

(1.) Both the writ petitions involving same set of facts and the same cause of action, have been heard analogously and are being disposed of by this common judgment and order.

(2.) While the petitioners have contended that they have been evicted from their patta land at the behest of district and police administration, it is the case of the private respondents, who are the beneficiaries of such eviction of the petitioners, that the petitioners should pursue their remedy elsewhere other than the writ jurisdiction.

(3.) Each one of the petitioners had purchased land measuring 1Katha-10Lechas convered by Dag No.317(c) and 317(Sl. No.4) of K.P. Patta No.88 of village Borsojai under Beltola Mouza of Kamrup District, Assam from Pragjyotish Housing Co-operative Society by registered deed bearing No.1978 and 1979 respectively. The respective land of the petitioners had been mutated by orders dated 22/8/1988. The petitioners have annexed to the writ petition the copies of Jamabandi, land revenue paying receipts, municipal tax receipts, electricity bill receipts etc. to show that the respective plots of their land were under their occupation till they were forcefully evicted. The municipal tax receipt (Annexure-6) and electricity bill receipts are dated 17/4/2006 and 15/6/2006.