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2022 Supreme(Gau) 67

DEVASHIS BARUAH
Bhola Bhoumick S/o Late N. Alini Kanta Bhoumick – Appellant
Versus
State of Assam – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Ms. R. Mahanta, Ms. L. Borgohain, Mrs. P. Goswami.

JUDGMENT :

DEVASHIS BARUAH, J.

1. Heard Ms. N. Saikia, the learned counsel appearing for the petitioner. I have also heard Mr. R. Borpujari, the learned Standing counsel for the Revenue Department, Dr. B.N. Gogoi, the learned counsel appearing on behalf of the Railway authorities, Ms. M. Barman, the learned counsel appearing on behalf of the Respondent/State as well as Mr. S.C. Biswas, the learned counsel appearing on behalf of the Railway authorities.

2. All the writ petitions relates to similar facts and question of law and as such all the 4 writ petitions are taken up for disposal together.

3. The claims of the petitioners in the said writ petitions are that the petitioners since 1960 have established a market on an unutilized vacant plot of land beyond the railway boundary by clearing the jungles and developing at their own cost by filling up the earth etc and the petitioners as well as their ancestors have since then been running small businesses till date. The petitioners have also been issued trade licenses from the Hojai Municipal Board. It is the specific case of the petitioners that the petitioners have been earning their livelihood from the small businesses carried out by th

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