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2022 Supreme(Gau) 853

ACHINTYA MALLA BUJOR BARUA
Indra Biswas, S/o. Lt. Upen Chandra Biswas – Appellant
Versus
State of Assam and Ors. , Rep. by the Commissioner and Secy. to the Govt. of Assam, Revenue Deptt. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. R. Dhar

JUDGMENT :

Heard Mr. R. Dhar, learned counsel for the petitioner and Ms. G. Hazarika, learned counsel for the respondent No. 1, being the Commissioner and Secretary to the Government of Assam in the Revenue Department. Also heard Mr. K. Gogoi, learned Addl. Senior Government Advocate for the respondents No. 2, 3 and 4, being the Deputy Commissioner, Kamrup(M), the Additional Deputy Commissioner, Kamrup(M) and the Circle Officer, Guwahati Revenue Circle, respectively.

2. The petitioner is admittedly illegally occupying a plot of land measuring 14.5 lechas covered by Dag No.12(old)/97(new) located at village-Birubari, Mouza-Ulubari, Guwahati and he has also constructed a dwelling house over the same. The petitioner is aggrieved by the notice bearing No. G.C.49/2015/2925 dated 10.11.2022 of the Circle Officer, Guwahati Revenue Circle. By the said notice, it is provided that the petitioner is found to be an illegal encroacher on the land covered by Government Dag number under Ulubari Mouza which is recorded in the name of T.B. Hospital and therefore, is directed to vacate the land upon receipt of the notice. It is also provided that otherwise an eviction drive under the law would be carr

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