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GAUHATI HIGH COURT
HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
MD. MUKSED ALI AND 2 ORS. – Appellant
Versus
THE STATE OF ASSAM AND 2 ORS. – Respondent


JUDGMENT

Date : 23-03-2021 Heard Shri M Hossain, learned counsel for the petitioners. Also heard Shri BJ Talukdar, learned Standing Counsel, Revenue Department as well as Ms. D Das Barman, learned State Counsel, Assam.

2. The case projected in the writ petition is that the petitioners are in possession of certain waste land for the last about 6 years in the Biswanath district (erstwhile district of Sonitpur) which have been described in Schedule ‘A’, ‘B’ and ‘C’ of the writ petition. The petitioners also claim to have paid land revenue which was collected by the Mouzadar of the concerned Mouza. However, vide the impugned action, the petitioners are sought to be evicted from their respective lands. The petitioners claim to have their Kacha houses and electricity connection too.

3. Shri Hossain, learned counsel for the petitioners fairly submits that though the land in question is Government land, they are in possession of the same since long and has also been paying the land revenue. He accordingly submits that the eviction drive is not reasonable and rather, steps should be taken for settlement of the land in the names of the petitioners as they have applied for settlement by submitti

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