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2023 Supreme(Gau) 722

DEVASHIS BARUAH
Abdul Kayum Talukdar, S/o. Late Idrish Ali – Appellant
Versus
State of Assam, Rep. by the Principal Secretary to the Govt. of Assam, Revenue Deptt. – Respondent


Advocates Appeared:
For the Petitioner: Mr. P.K. Munir.
For the Respondents: Ms. S. Kemprai, Mr. G. Alam, Mr. S. Baruah, GA., Mr. P.R. Mahanta.

JUDGMENT :

The case of the Petitioner herein is that the Petitioner is the owner of a plot of land measuring 3 1/2 bighas covered by Dag No. 350 of annual patta No. 79 under Borjan Mouza of Diphu Revenue Circle adjacent to the boundary wall of the CRPF. The Petitioner was issued the annual patta on 16.05.2015. Thereupon the Petitioner constructed a few hutments over the land which were let out to 25 families. The Petitioner had also planted various trees over the said land. It is the case of the Petitioner that on 09.02.2022, the Respondent No. 8 alongwith some accomplice had dismantled the hutments built by the Petitioner over the plot of land covered by Dag No. 350 of annual patta No. 79 and drove out all the tenants of the Petitioner and had been intimidating them. It is under such circumstances, the Petitioner had initiated a proceeding under Section 145 of the Code of Criminal Procedure, 1973 before the Additional District Magistrate, Bokajan on 10.02.2022.

2. It further appears from the records that the Additional District Magistrate, Bokajan thereupon had directed the Officer-in-Charge, Khatkhati Police Station to submit a report. The Petitioner had also approached the Forest

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