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2024 Supreme(Gau) 1339

DEVASHIS BARUAH
Luthfur Rahman, S/o. Late Mohabbat Ali – Appellant
Versus
State of Assam, Rep. by the Principal Secretary to the Government of Assam, Revenue and DISASTER Management Department – Respondent


Advocates Appeared:
For the Petitioner: Mr. R.J. Das.
For the Respondent:Mr. R. Borpujari, SC, Revenue, Ms. S. Baruah, Government Advocate.

JUDGMENT :

Devashis Baruah, J.

Heard Mr. R.J. Das, the learned counsel appearing on behalf of the Petitioners and Mr. R. Borpujari, the learned Standing Counsel appearing on behalf of the Respondent No.1 and Ms. S. Baruah, the learned Government Advocate appearing on behalf of the Respondent Nos. 2 and 3.

2. The Petitioner Nos. 1 and 2 herein and their family claimed to be residing in the Dag Nos. 568, 573, 582, 613 of K.P. Patta No.62 of Village Kachutali Pathar, under Mouza Sonapur within Sonapur Revenue Circle in the District of Kamrup (M). They claimed that they have inherited the said lands from their father/grand-father and the predecessor-in-interest of Late Mohabbat Ali and Late Uwaidullah Dullah respectively who originally resided within the declared Tribal Belt area of Sonapur (as it was then) as non-Protected Backward Class person since 1923-24 much prior to the notification constituting the said area as the Tribal Belt.

3. The Petitioner Nos. 3 to 6 and their families are presently residing in Dag No.560, 571, 596, 597, 601, 609, 611, 612, 641, 642, 672, 673, 675, 676 and 684 of Patta No.29 upon inheriting the said lands from their father/grand-father and their predecessor-

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