Achintya Malla Bujor Barua, J.

1. Heard Mr. R. Sarma, learned counsel for the petitioner. Also heard Mr. D. Nath, learned Addl. Senior Govt. Advocate appearing on behalf of the state respondents. None appears for the respondent No. 1. By an order dated 13.05.2011, the respondent Nos. 2 and 3 had been struck off from the array of respondents. The father of the petitioners, namely, Prabhat Rangpi was an occupancy tenant under Md. Hussain, Son of late Dhan Mahamad, who was the landlord in respect of a cultivable land measuring 4 Bighas of KP Patta No. 100 of Dag No. 14(Old)/703(New) of Village Pamohi under Ramcharani Mouza in the Kamrup (Metro) District.

2. On the death of Prabhat Rangpi, the present petitioners are the occupancy tenants. During his lifetime, Prabhat Rangpi, being the occupancy tenant under the Assam (Temporarily Settled Areas) Act, 1971 and the Rules framed thereunder, had paid the regular chukani to the landlord Md. Hussain. Chukani is 1/5th of the products of the land cultivated by the occupancy tenant. The occupancy tenant was also allotted with ryoti khatinan No. 54. It is stated that the said khatian is still in force and the khatian was also duly publis