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2022 Supreme(Gau) 139

MANISH CHOUDHURY
Fakar Uddin Mazumder S/o Late Abdul Mia Mazumder – Appellant
Versus
State of Assam – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. M.H. Laskar.
For the Respondents: Mr. P.S. Deka, Mr. R.A. Choudhury, Ms. S. Sharma.

JUDGMENT :

MANISH CHOUDHURY, J.

1. The petitioners, 3(three) in nos. have preferred this writ petition invoking the extra-ordinary jurisdiction of this Court under Article 226 of the Constitution of India seeking inter-alia a direction to the respondent authorities not to evict the petitioners from the purported lawful possession of their land without following the due process of law.

2. It is the case of the petitioners that they are residing at Village-Narainpur, Part-II within the jurisdiction of Hailakandi Police Station, District-Hailakandi. According to the petitioners, they are in possession of a piece of land measuring 2 Bighas, covered by Dag no. 349 and 350 and Patta Nos. 82 and 83, located in Village - Narainpur, Part-II. They have made a claim that they are the owners of the said piece of land by way of inheritance and have been residing there since last five generations for more than 100 years. They have claimed that they have built their residential houses over the plot of land and also have planted trees, etc. According to the petitioners, the occasion to prefer the writ petition has arisen when they came to know from a letter dated 19.02.2018, written by the respondent

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