BINA MIRDHA AND ANR Vs. STATE OF ASSAM AND 3 ORS REP BY COMMISSIONER
LAWS(GAU)-2018-6-24
HIGH COURT OF GAUHATI
Decided on June 05,2018

Bina Mirdha And Anr Appellant
VERSUS
State Of Assam And 3 Ors Rep By Commissioner Respondents

JUDGEMENT

Manojit Bhuyan, J. - (1.) The petitioners are claiming right over lands measuring 1 Bigha 14 Lechas 3 Chatak which was allotted in favour of their father. Without going into the nitty-gritty's of the case at this stage, what appears from the statements made at paragraph 8 of the affidavit-in-opposition filed by respondent nos. 3 and 4 is that the same land had been allotted in favour of other occupants.
(2.) However, no particulars with regard to the identity of the occupants nor any other particulars showing the date of allotment is provided in the said paragraph. If further allotment has been made in terms of paragraph 8 of the said affidavit-in-opposition, there may be a situation where the petitioners will have to amend the writ petition to bring on record the beneficiaries as party respondents in the case as well as to challenge the allotment orders, if any.
(3.) Mr. T. C. Chutia, learned counsel representing the respondent nos. 3 and 4 shall file additional affidavit showing the names of the beneficiaries in favour of whom allotment had been made in respect of the land in question as well as the particulars of the allotment orders. List again on 19.06.2018, by which time Mr. Chutia shall file additional affidavit in terms of the above.;


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