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2009 Supreme(Gau) 260

BIPLAB KUMAR SHARMA
Md. Khorshed Ali – Appellant
Versus
State of Assam – Respondent


Advocates:
Advocate Appeared
For Appellant/Petitioner/Plaintiff: Party-in-Person
For Respondents/Defendant: M. Hazarika, R. Chokraborty, U. Baruah, D. Saikia, P.K. Roychoudhuryand M. Baruah, Advs.

JUDGMENT

B.K. Sharma, J.

1. The petitioner an advocate, who admittedly was in occupation of Government land, is aggrieved by his eviction from the land and demolition of his property therein.

2. As per the averments made in the writ petition, the petitioner had purchased the possessory right of the land measuring 1 katha and 10 lechas under Dag No. 359 situated at Village Khanapara, Mauza Beltola, Sub- Registry Guwahati in the district of Kamrup. Such purchase was in the year 1976 (18.6.1976). According to the petitioner he developed the land by plantation, etc., and also paid the land revenue from 1979-1991 when the Government stopped receiving such revenue (Touzibahi).

3. The wife of the petitioner who is a Government employee, availed official Government quarter in the year 1990 and the family of the petitioner started living there. The house which was constructed by the petitioner on the Government land was rented out and it remained under rent till 1997. The petitioner also paid municipal tax to the Guwahati Municipality Corporation ('GMC') from January 1997 to March 2005.

4. In April 2000 the petitioner made an application to the Deputy Commissioner, Kamrup for settlement of the s



















































































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