This writ proceeding portrays a disturbing picture. Petitioner is the widow of a legal professional, who at one point of time adorned the office of Addl. Advocate General of the State. Petitioner claims that the contesting respondent i.e., respondent No. 5 was a former junior of her late husband. Her allegation against respondent No.5 is that he has encroached upon and taken over the adjacent plot of land allotted to her and her late husband by the Govt. while he was asked to look after the property. If such an allegation of the widow of the senior against a former junior is not enough, the manner in which the litigation on behalf of the petitioner has been conducted has further compounded the issue. A larger issue of considerable public interest had also surfaced during the hearing of the case which has drawn the attention of the Court. The issue is allotment/settlement of land to individuals by the Govt. in Greater Guwahati and other towns of the State.

2. Having said what had to be said, I now first proceed to deal with the grievance raised by the petitioner.

3. Case of the petitioner is that her late husband was a practicing lawyer of the Gauhati High Court and a designated Senior at that time. He was also the Addl. Advocate General of Assam. Respondent No. 5 was one of his juniors.

4. Petitioner and her husband made an application before the Government for allotment of land. Vide letter bearing No. RSS.878/90/15, dated 24.07.1992, issued by the Deputy Secretary to the Govt. of Assam, Revenue (S) Department, 1 katha 10 lechas of Sarkari land covered by dag No. 192 of village No. 1 Hengrabari N.C. under Beltola Mouza within Guwahati city was settled in the name of the petitioner and her husband for residential purpose subject to payment of 60% land value as premium. The land value was fixed at Rs. 20,000.00 per katha. On 19.03.1993 possession of the said land was handed over to the petitioner’s husband by the Circle Officer, Dispur Revenue Circle, Guwahati.

5. Respondent No. 5 had also filed an application along with the petitioner and her husband for settlement of land. By letter, also dated 24.07.1992, issued by the Deputy Secretary to the Govt. of Assam, Revenue (S) Department, 1 katha 10 lechas of Sarkari land covered by dag No. 192 of village No. 1, Hengrabari under Beltola Mouza was settled with the respondent No. 5 and his wife at the same price.

6. According to the petitioner, both the plots of land are adjacent. Petitioner’s husband developed his land and constructed the boundary fencing. He also constructed one temporary shed on his land and since then, they have been possessing the land. Respondent No. 5 constructed a house on his adjacent plot of land and he has been living there since then. Being adjacent land holder, on being requested by petitioner’s husband, respondent No. 5 was also looking after the land of the petitioner.

7. Husband of the petitioner died on 31.01.1999. At the time of his death, petitioner and her husband were living in a rented house at Jorpukhuri, Uzanbazar, Guwahati. After recovering from her bereavement, petitioner went to inspect the land and also to repair the temporary shed on 23.04.2004. When she reached her plot of land, respondent No. 5 along with some of his associates resisted the petitioner claiming that the land belongs to him. Petitioner noticed that her land has been encroached upon by the respondent No. 5 by removing the boundary fencing on the northern side and by blocking the entrance to her land.

8. Petitioner then filed Title Suit No.219/2004 in the Court of Munsiff No. 1 at Guwahati. The suit was instituted for declaration of her right, title and interest over the said land and also for recovery of possession. Respondent No. 5 contested the suit by filing written statement contending that petitioner had given wrong description of her land, which was, in fact, allotted to the father of respondent No. 5 by the Govt. on 25.10.2000. Respondent No. 6 (Purna Kanta Sa