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2023 Supreme(Gau) 1138

SUMAN SHYAM
Kuchumi Sonowal – Appellant
Versus
State of Assam, Represented by the Principal Secretary to the Government of Assam, Revenue and Disaster Management Department – Respondent


Advocates Appeared:
For the Petitioner: Mr. Manas Barman.
For the Respondents: Mr. D. Saikia, AG, Assam, Mr. R. Borpujari, SC.

JUDGMENT :

1. Heard Mr. Manas Barman, learned counsel appearing for the writ petitioners. I have also heard Mr. D. Saikia, learned Advocate General, Assam, assisted by Mr. R. Borpujari, learned Standing Counsel, Revenue and Disaster Management Department, Assam, appearing for the respondents.

2. The writ petitioners herein, numbering 15 in total, have jointly approached this Court by filing the instant writ petition seeking protection from the proposed move to evict them from the plots of land under their occupation on the basis of oral instructions issued by the Circle Officer of Naharkatia Revenue Circle.

3. The facts of the case, in a nutshell, are that the writ petitioners herein claim to be the residents of Na-gaon Hojuwa Pathar, Naharkatia in the district of Dibrugarh. As per the case projected through the pleadings, the petitioners are in occupation of land covered by sarkari dags. Some of the writ petitioners have also constructed dwelling houses over the land under their occupation with the assistance of grants provided under the “Prima Minister’s Awas Yojana – Gramin” (PMAY-G). While the writ petitioners were occupying the aforesaid plots of sarkari land, the Circle Officer,

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