MD EBAD HUSSAIN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. BC Das, learned Senior Counsel assisted by Ms. I Das, learned counsel for the petitioner. Also heard Ms. K Phukan, learned Government Advocate for the State respondents; Mr. BJ Talukdar, learned Standing Counsel for the Revenue Department and Mr. N Upadhyay, learned Standing Counsel for the Irrigation Department.

(2.) The predecessor-in-interest of the petitioner had several plots of land under various khatian and dag numbers pertaining to Patta No. 52 in Hatsingimari village of Mankachar Circle. During resettlement operation in the year 1980 onwards, the respondent Revenue department had omitted recording an area of land measuring 5 B 0K 13Ls in the name of the predecessor-in-interest of the petitioner. Surprisingly, the respondent authorities issued an eviction notice dated 26.04.1993 to the petitioner and his brothers to vacate a plot of land measuring 1B 1K 5Ls out of the aforesaid land measuring 5B 0K 13Ls. Challenging the aforesaid notice dated 26.04.1993, the petitioner along with his brother filed Title Suit No. 104/1993 in the court of learned Munsiff No. 1 at Dhubri seeking the relief for declaration of right, title and interest, correction of records and for permanent injunction. In the said suit the State of Assam represented by the Deputy Commissioner, Dhubri and the Sub-Divisional Officer (Civil), South Salmara, Mankachar Sub-Division, Hatsingimari were the defendants. The learned Munsiff No. 1 vide judgment and decree dated 14.02.1995 decreed the suit in favour of the petitioner and his brother. The petitioner had taken steps and put the said decree into execution by filing Title Execution Case No. 18/1996 which was disposed of on 14.03.1997 by satisfying the decree in favour of the petitioner.

(3.) The respondent Irrigation Department encroached and occupied a plot of land measuring 2B 1K 5L out of the decreetal land measuring 5B 0K 13L covered by Khatian No. 9, Dag No. 51 (old)/ 166 (new) pertaining to Patta No. 52 belonging to the petitioner. The petitioner had taken up the matter with the respondents and also served a pleader notice dated 20.01.2009 followed by the notice dated 28.02.2010 and 08.03.2010 calling upon the respondents either to requisition the plot of land and pay appropriate compensation or to hand over the possession thereof to the petitioner. As nothing has been done, the respondent Irrigation Department started undertaking construction in the said plot of land. Accordingly, this writ petition is filed for the following reliefs:-