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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
| Table of Content |
|---|
| 1. petitioner's claim and demarcation notice (Para 2 , 3) |
| 2. details of eviction and stay applications (Para 6 , 7) |
| 3. court's assessment of petitioner's standing (Para 8 , 9) |
| 4. opportunity for petitioner to present evidence (Para 10 , 11) |
| 5. court's directives regarding representation and eviction process (Para 12) |
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 th
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.
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