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2024 Supreme(Online)(GAU) 1558

HIGH COURT OF GAUHATI
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
SAHIDA KHATUN – Appellant
Versus
THE STATE OF ASSAM AND 5 ORS – Respondent


ORDER

09.01.2024 Heard Mr. S. Islam, learned counsel for the petitioner; Mr. J. Handique, learned Junior Government Advocate, Assam for the respondent no. 1; Mr. H. Sarma, learned Additional Senior Government Advocate, Assam for the respondent nos. 2, 3, 4 & 6; and Ms. S. Sarma, learned Standing Counsel, Public Works Department [PWD] for the respondent no. 5.

2. It is the case of the petitioner that he is in occupation of a plot of Government land [Touzi Land] under Dag no. 19 at Village – Pancharatna N.C., Mouza – Balijana, Balijana Revenue Circle, District – Goalpara for more than 60 years by constructing dwelling house thereon and by paying Touzi Bahira revenue regularly. The petitioner has approached this Court by the instant writ petition under Article 226 of the Constitution of India on receipt of an eviction notice dated

27.12.2023 issued under the hand of the respondent no. 3, that is, the Assistant Settlement Officer, Balijana Revenue Circle.

2.1. Assail is made to the said eviction notice primarily on 3 [three] counts, firstly, there is no mention in the impugned eviction notice about the statutory provisions under which the respondent no. 3 has exercised the right to issue

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