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2005 Supreme(Gau) 768

BROJENDRA PRASAD KATAKEY
Kundargaon Anti Eviction Action Committee – Appellant
Versus
State of Assam – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff:M. Singh and G. Singh, Advocates
For Respondents/Defendant:K.N. Choudhury and Milli Hazarika, Advocates

JUDGMENT

B.P. Katakey, J.

1. The petitioner, by the present writ petition, has prayed for directing the respondents not to evict the members of the petitioner's committee from the land under their occupation and also to consider the application filed by them for grant of settlement of the land they are possessing.

2. I have heard Mr. M. Singh, learned Counsel for the petitioner, Mr. K.N. Choudhury, learned Addl. Advocate General, Assam for the respondent Nos. 1 to 3 and Mrs. Milli Hazarika, learned senior counsel appearing on behalf of the respondent No. 4, Assam Industrial Development Corporation Limited.

3. Mr. Singh, learned Counsel for the petitioner has submitted that the members of the petitioner's committee, 18 in number, named in annexure 2 to the writ petition, are possessing the land measuring about 3 Bs each for last more than 70 years and as such, they acquire bona fide right of claim over the land under their possession due to the long and uninterrupted possession and, therefore, the land which was initially a Village Grazing Reserve (V.G.R.) and subsequently, de-reserved and became government khas land ought to have been settled in their favour pursuant to the application
















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