NASREEN HUSSAIN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. J. Deka, learned counsel for the applicant. I have also heard Mr. A. Chakraborty, learned Govt. Advocate appearing for the respondent Nos. 1 to 3 as well as Ms. S. Khound, learned counsel representing the respondent Nos. 4 and 5.

(2.) This interlocutory application arises out of FAO No. 61/2018 preferred by the applicant/ plaintiff being aggrieved by the order dated 12-10-2018 passed in Misc. (J) Case No. 132/2018 arising out of Title Suit No. 71/2018 whereby, the learned Civil Judge had vacated the interim injunction granted earlier thereby permitting the respondents to go ahead with the work of laying the pipeline for construction of the water supply scheme. The applicant as plaintiff had instituted the aforementioned suit, inter alia, praying for a decree of permanent injunction restraining the respondents from laying the pipeline by contending that the construction work was being carried out over her patta land measuring 1B-1K-18L without acquiring the land by following the due process of law. The applicant is, therefore, praying for an order of temporary injunction restraining the respondents and their officials from entering into or digging up her land for laying the pipeline.

(3.) According to the plaintiff, the land measuring 8.96 Are, out of her total land, falls in Dag No. 718 of K.P. Patta No. 250 and the remaining area of land measuring 8.50 Are is covered by the Govt. Dag No. 158 of Village- Ramsahill. The claim of the plaintiff has, however, been strongly refuted by the respondent Nos. 4 and 5, inter alia, contending that the pipeline is being laid over the Govt. land and not over the private patta land belonging to the plaintiff as claimed by her. To counter the said argument, the learned counsel for the applicant had drawn the attention of this Court to the materials available on record which reflects a mutually contradictory stand of the departmental authorities on the said claim of the plaintiff.