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2015 Supreme(Gau) 308

B.K.SHARMA
Giridhar Sarma – Appellant
Versus
State of Assam, represented by the Chief Secretary, Govt. of Assam – Respondent


Advocates:
Advocate Appeared:
For the petitioners: Mr. K.K. Mahanta, Sr. Adv., Mr. B.N. Sarma, Adv.
For the Respondents: Mr. P.S. Deka, GA, Assam, Mr. M. Bhagabati, GA, Assam.

JUDGMENT :

1. This writ petition has been filed apprehending eviction from the land under occupation of the petitioner. According to the petitioner, he is in occupation of the land measuring 4 Katha 17 Lechas under Dag No. 33 (Old)/911 (new) of Patta No.1 of Basistha grant, possessory right of which was purchased in the year 1976. The petitioner has constructed his residential house with electricity connection etc. According to the petitioner he is also an assessee of the Guwahati Municipal Corporation. It is the further case of the petitioner that though the land belongs to the Govt, but having regard to the fact that he is in long possession of the land, it should be settled with him. According to the petitioner, many such occupiers and possessors have been settled with the land under their possession.

2. The writ petition was filed being apprehensive of eviction from the land. In the counter affidavits filed by the respondents, they have justified their action towards evicting the petitioner. In the counter affidavit filed by the respondent No. 8 i.e. the Chief Engineer, Water Resources Department, it has been stated thus :-

“8. That with regard to paragraph 8 and 9 of the writ p



























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