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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
DEVASHIS BARUAH
Bhusan Kumar Singh, S/o. Late Mahinder Singh – Appellant
Versus
State of Assam, Rep. By The Principal Secretary To The Government of Assam Revenue And Disaster Management Department – Respondent
JUDGMENT :
DEVASHIS BARUAH, J.
Heard Mr. S. Ahmed, the learned counsel appearing on behalf of the petitioner. Ms. G. Hazarika, the learned Standing Counsel appears on behalf of the respondent No. 1; Mr. J. Handique, the learned Government Advocate appears on behalf of the respondent Nos. 2, 4 and 7 and Mr. J. Chutia, the learned Standing Counsel appears on behalf of the respondent Nos. 3, 5 and 6.
2. The petitioner herein claims that he is the lawful pattadar and possessor of a plot of land admeasuring 21 Bighas 2 Kathas 10 Lechas situated at Kaliram Bosti, Khatkhati under Mouza Borjan, Patta No. 10, Dag No. 16 in the district of Karbi Anglong, Assam. On the said land, the petitioner was carrying on a business in the name and style of Alok Brick Bhatta since 2011. On account of the construction of a four-lane road, the petitioner shut down the said Bhatta in the year 2018, but has been regularly paying land revenue. The petitioner had also received compensation in respect to the 5 Bighas of land that were acquired and the remaining 16 Bighas 2 Kathas 10 Lechas still remained in his possession.
3. A demarcation notice dated 24.06.2025 was issued whereby the petitioner was asked to remai
The court emphasized the need for a legitimate claim submission regarding land disputes before taking eviction actions by the relevant authorities.
Lack of documented ownership by the petitioners precludes their claim for demarcation against established military land possession.
The court emphasized the need for individuals to submit specific claims regarding land occupation, safeguarding against wrongful eviction without due process.
The main legal point established is that a decree in a title suit establishes the right, title, and interest of the plaintiffs over the land and prevents interference with their possession by the res....
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