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2023 Supreme(Gau) 1280

DEVASHIS BARUAH
Laxmi Narayan Packaging Industries – Appellant
Versus
State Of Assam, Rep. By The Commissioner And Secretary To The Govt Of Assam, Land And Revenue And Disaster Management Department – Respondent


Advocates Appeared:
For the Petitioners: Mr. R. Dubey, Ms. A.B. Kayastha.
For the Respondents: Mr. C. Baruah, Mr. H. Sharma.

JUDGMENT :

1. The instant writ petition has been filed by the Petitioners seeking a direction upon the Respondents not to demolish the boundary wall of the factory premises of the Petitioners and not to evict them from the part of their factory land without following due process of law.

2. The facts as could be discerned from a perusal of the writ petition are that the Petitioner No.3 along with one Shri Suraj Kumar Agarwal and Shri Lalit Kumar Agarwal had purchased a plot of land measuring 1 Bighas 2 Kathas covered by Dag No.14, 35 and 36 of K.P. Patta No.106 situated at Revenue Village Nakuchi under Mouza – Pub Borigog under Rangia Revenue Circle, Rangia in the district of Kamrup vide a registered Deed of Sale dated 07.09.2007. On the same date, vide another registered Deed of Sale, the Petitioner No.2 had purchased another plot of land measuring 1 Bigha covered by Dag No.14, 35, 36 of K. P. Patta No.106 situated at village Nakuchi, Rangia under Mouza – Pub Borigog under Rangia Revenue Circle, Rangia in the district of Kamrup, Assam. It is the case of the Petitioners herein that the Petitioner No.1 firm established a factory at the aforesaid plot of land leaving 25 feet from the

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