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2022 Supreme(Gau) 149

MANISH CHOUDHURY
Momotaj Bibi, W/o Late Abul Hussain – Appellant
Versus
State of Assam Represented by the Commissioner and Secretary to the Government of Assam (Land and Revenue Department) – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Ms. R. Choudhury, Advocate
For the Respondent:Mr. P.S. Deka, Standing Counsel, Ms. D. Borah, Standing Counsel, Mr. N. Goswami, Junior Government Advocate.

JUDGMENT :

Heard Ms. R. Choudhury, learned counsel for the petitioners; Mr. P.S. Deka, learned Standing Counsel, Revenue & Disaster Management Department for the respondent nos. 1 & 4; Ms. D. Borah, learned Standing Counsel, Health & Family Welfare Department for the respondent nos. 2, 3, 9 & 10; and Mr. N. Goswami, learned Junior Government Advocate, Assam for the respondent nos. 5-8.

2. The petitioners, 13 [thirteen] in nos., have claimed themselves to be successors in interest of one Amatullah Sk. By this writ petition, they have stated that they are espousing a common cause of action. It is the case of the petitioners that Amatullah Sk was the owner of a parcel of land measuring 6 Bighas and 19 Lessas [06B-19L] located at Village – Jhogra Part-II in the district of Dhubri [Erstwhile, Goalpara district]. The parcel of land was comprised of different dag nos. A plot of land measuring 2 Kathas and 12 Lessas [02K-12L] [hereinafter referred to as ‘the demised-plot’], out of the above parcel of land, was covered by Dag no. 957/787, under Khatian no. 267. There was a graveyard on a part of the subject-land, which was about 1 Katha and 5 Lessas [01K-5L] [hereinafter referred to as ‘the s

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