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2023 Supreme(Gau) 1031

DEVASHIS BARUAH
Ratneswar Kalita – Appellant
Versus
State Of Assam – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. M. Nath, Senior Advocate.
For the Respondent: Mr. D. Nath, Sr. GA., Mr. R. Borpujari, SC, Revenue Deptt., Mr. D. Gogoi, SC, Forest Deptt.

JUDGMENT :

1. Both the writ petitions are taken up for disposal vide the common judgment and order taking into account that the Petitioners in both the writ petitions are same and the issues arising out therein are interrelated.

2. The case of the 15 Petitioners in WP(C) 1767/2012 are that they claim that they have constructed their permanent as well as temporary houses in Dag Nos.459, 463, 589, 513, 526, 504, 468, 527, 528, 615, 544 and 548 respectively at Village-Dakhingaon (South Kalapahar) under Mouza-Beltola during the period from 1978 – 1985. The Petitioners claim that they have been living and enjoying their plots of land peacefully and paying the land revenue (Touzi Bahira) to the Revenue Authorities from time to time in respect of their land in occupation. It is further mentioned in the writ petition that the Petitioners’ houses were assessed by the Guwahati Municipal Corporation and granted holding numbers. The Petitioners are also enjoying electricity connection on the basis of No Objection Certificates issued by the Guwahati Municipal Corporation.

3. It is the further case of the Petitioners that the Respondent authorities especially the Respondent Forest Authorities tried

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