1. I have heard Mr. A.K. Goswami, learned senior counsel, for the petitioners, and Ms. B. Bhuyan, learned Standing Counsel, PWD, appearing on behalf of the opposite party Nos. 1 and 2. I have also heard Mr. M. Garodia, learned counsel, for the opposite party- Nos. 4 and 5, and Mr. T.J. Mahanta, learned counsel, for the opposite party No. 3.

2. The petitioners, herein have instituted, as plaintiffs, a suit, which has given rise to Title Suit No. 01/2010, the suit having been instituted, originally, against the State of Assam, represented by the Secretary to the Government of Assam, Public Works Department (Roads), and the Executive Engineer, PWD (Roads), Silapathar, Dhemaji, who are defendant Nos.1 and 2 respectively, and one Lambit Duwari/a contractor, who has started construction over the land, which the plaintiffs claim to be their land, the reliefs claimed by the plaintiffs being, inter alia, for declaration of their rights, title and interest over the suit land, recovery of khas possession thereof, a decree for recovery of Rs. 4 lakhs, for the damages, permanent prohibitory injunction restraining the said three defendants from constructing the road and culvert over the suit land

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