DHARMA DUTTA UPADHAYA Vs. STATE OF ASSAM AND ORS REP BY COMMISSIONER
LAWS(GAU)-2018-1-108
HIGH COURT OF GAUHATI
Decided on January 04,2018

Dharma Dutta Upadhaya Appellant
VERSUS
State Of Assam And Ors Rep By Commissioner Respondents

JUDGEMENT

Suman Shyam, J. - (1.) Heard Mr. H.K. Baishya, learned counsel for the writ petitioner. I have also heard Ms. M. Bhattacharjee, learned Govt. Advocate, Assam appearing for the respondent Nos. 1 to 3.
(2.) By filing this writ petition, the eviction notice issued by the Addl. Deputy Commissioner, Kamrup (Metro) Mouza under Section 18(2) of the Assam Land Revenue Regulation in connection with Encroachment Case No. 36/2008 has been put to challenge.
(3.) The petitioner's case, in brief, is that his father late Pasupati Upadhyay during his lifetime, came to possess a plot of 'sarkari' land situated in Mouza- Guwahati under VillagePart- II Guwahati Town covered by Dag No. 1312. The aforesaid plot of land has been in possession of Pasupati Upadhyay since the year 1959, and after the demise of his father, the possession of the land continued with the petitioner. The petitioner's case is that his deceased father and later on he himself had been possessing the land by paying Touzi Bahira revenue and the petitioner has been living with his family over the said plot of land in a kachcha house constructed by his father. The Gauhati Municipal Corporation (GMC) authorities have issued a holding number and electricity connection to the aforesaid dwelling house has also been granted by the competent authority. It is also the case of the petitioner that since his father was a landless person, hence, on 26-03-1993 Pasupati Upadhyay had filed an application in the prescribed format seeking allotment of the aforesaid plot of land. The grievance of the petitioner is that notwithstanding the receipt of the said application filed by his father, no action has been taken on the prayer for granting settlement of the 'sarkari' land. On the contrary, the respondent No. 3 has issued the impugned eviction notice seeking to evict the petitioner from the aforementioned plot of land which has been under their possession since the year 1959. When the appeal preferred by the petitioner before the respondent No. 2 was rejected by the order dated 20-05-2010 on the ground that the petitioner did not have title over the aforesaid plot of land, the present writ petition has been filed.;


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