KHORSHED ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE petitioner an advocate, who admittedly was in occupation of Govt. land, is aggrieved by his eviction from the land and demolition of his property therein.

(2.) AS per the averments made in the writ petition, the petitioner had purchased the possessory right of the land measuring 1 Katha and 10 Lechas under Dag No. 359 situated at Village-Khanapara, Mouza-Beltola, Sub-Registry Guwahati in the District of Kamrup. Such purchase was in the year 1976 (18. 06. 76 ). According to the petitioner he developed the land by plantation etc. and also paid the land revenue from 1979-1991 when the Govt. stopped receiving such revenue (Touzibahi ).

(3.) IN April, 2000 the petitioner made an application to the Deputy Commissioner, Kamrup for settlement of the said Govt. land under his possession. While describing the children of the petitioner in paragraph-2 of the writ petition, he has stated that his eldest daughter is studying in Civil Aviation Technology in New Delhi. His application for settlement of land was processed by the Chief Revenue Assistant and other authorities. Be it stated here that in the application, the petitioner described himself as landless and economically backward person. It appears that some query was made as to whether the land in question was involved in the particular writ proceeding (CR (SH) No. 128/98 ). By Annexure-II order dated 04. 01. 04, the Chief Revenue Assistant in the Office of the Deputy Commissioner, Revenue Settlement Branch requested the Circle Officer, Dispur Revenue Circle to submit a fresh proposal.