Madan B. Lokur, J.

1. This writ petition has been filed in public interest by the Polofield Sanmilita Unnayan Parishad, claiming to be an association of the residents of Polofield, Tezpur.

2. The writ petition concerns an area of 9 Bigha 4 Katha and 2 Lechas of land in Polofield, Tezpur (for convenience referred to as the land in question).

Background facts:

3. It appears that the Darrang Cricket Association sought allotment of the land in question way back in July, 1982. On the basis of the application and after a perusal of the relevant records, the Deputy Commissioner, Darrang, Tezpur passed an order dated 15-10-1982. This order reads as follows:

"File No. DGR-13/82

ORDER

Received the resolution for the reservation of lands measuring about 9B 3K 14L covered by Dag No. 428(O)/387(N) on the basis of the application dated 8-7-1982 filed by the Darrang Cricket Association as well as the report of the SDC, Sadar Circle vide Letter No. 1388 dated 13-10-1982. Within the said lands, the forest department has also planted saplings over 2K 10L of land. If these lands are allotted to the Association, apart from training new players, it is felt that the lands will be used for same purposes in the future also.

As such, after deliberating into the matter, part of the lands of Mahabhairab Mouza, Vill.

Barikachuburi covered by Dag No. 428/387 measuring about 9B 3K 14L is directed to be given in advance possession to Darrang Cricket Association. It is to be noted that over these lands no permanent structures like houses etc. shall be built or any other forms of construction shall be undertaken.

Apart from these the saplings planted by the Forest department shall not be subjected to any damages.

Inform all accordingly.

Sd/- Ashok Saikia, D.C., Darrang,

Tezpur,

Dated: 15.10.1982"

(Emphasis supplied)

4. It may be mentioned at this stage that according to the main contesting party, i.e. the Tezpur District Cricket Association, as per its knowledge, there is no such order either in the revenue records or in any other relevant records. However, the Deputy Commissioner, Sonitpur, Tezpur has filed a counter affidavit in which the existence of such an order is not denied. Furthermore, in a subsequent order dated 7-3-2007 passed by the Addl. Deputy Commissioner, Sonitpur there is a reference to an order passed by the Deputy Commissioner. The reference is, apparently, to the order dated 15-10-1982. Therefore, for the purposes of deciding this petition, we are proceeding on the basis that the order dated 15-10-1982 does exist, although it may not be available on the official records.

5. The importance of the order dated 15-10-1982 lies in the fact that it clearly stipulates that the Darrang Cricket Association was to be given possession of the land in question subject to the condition that no permanent structures like houses etc. would be built or any other form of construction undertaken on the land in question and the saplings planted by the Forest Department shall not be subjected to any damage.

6. It appears that the Darrang Cricket Association became defunct over a period of time and another Association called the Tezpur District Cricket Association (the main contesting party) came into existence. The Tezpur District Cricket Association is Respondent No. 3 in the writ petition.

7. According to the public interest Petitioner, the land in question is being used by the local people as a playground for children and budding sportsmen. It is also used as a place for morning walks, holding of school games etc. The Petitioners are aggrieved by the exclusive use of the land in question as a cricket field by the Tezpur District Cricket Association thereby depriving the residents of the area of their legitimate use of thereof. It is this that has compelled the local residents to file this petition in public interest.

8. This situation came to pass because on or about 28-12-2005 the Tezpur District Cricket Association made an application to the Hon'ble Minister (Revenue)