GUWAHATI, India, Oct. 16 -- Gauhati High Court issued the following order on Sept. 16:
1. Heard Mr. T. Deori, learned counsel for the petitioners in WP(C) 1439/2025 and WP(C)2146/2025 and Mr. R. Dhar, learned counsel for the petitioners in WP(C)1502/2025 and WP(C)1533/2025. Also heard Mr. R. Borpujari, learned Standing Counsel, Revenue Department for the respondent No. 1 as well as Mr. S. R. Baruah, learned State Counsel for the respondent Nos. 2, 3 & 4.
2. Challenge made in these writ petitions is to the Notices dated 05.03.2025 issued by the Circle Officer, Guwahati Revenue Circle, Guwahati, whereby, the petitioners have been directed to remove their illegal encroachment by providing a grace period to vacate on 6th and 7th of March, 2025 in continuation with the previous notices based on the order dated 07.11.2024, passed in WP(C)3715/2020 and other batch of writ petitions.
3. Having considered that issues involved in these writ petitions are similar on facts and law, same are heard and disposed by this common judgment and order.
4. Briefly put, the cases are that the petitioners claim to be the permanent residents of village Ulubari (Birubari), Dr. B. R. Ambedkar Nagar, Mouza-Ulubari, in the District of Kamrup (M), Assam and landless persons are in occupation of a small portion of land measuring 7.5, 10, 10 & 11 Lessas each covered by Dag No. 12 (0)/97(N) and have been residing on the said plots by constructing Assam type dwelling houses since 25 to 35 years. The petitioners had submitted applications on many occasions for settlement of the said land in their favour. The petitioners also claim that they have paid land revenue and GMC tax as well as electricity charges.
5. The petitioners had approached this Court against the Eviction Notices dated 07.01.2020 and 10.11.2022 by way of writ petitions, which was disposed of on 07.11.2024 by this Court along with other similar batch of writ petitions, wherein, the petitioners were given a liberty to submit individual replies substantiating with documents by showing cause that the petitioners have a bona fide claim of rights in respect of the land under their occupation, within a period of 30 (thirty) days.
6. The petitioners could not file their applications as allowed by this Court on the ground, inter alia, that they were suffering from certain illnesses. However, it is contended, that after the expiry of 30 (thirty) days period, they have submitted their respective representations on 11.02.2025 detailing their entitlement to be settled with the land under their possession. The respondent authorities issued the impugned Notices dated 05.03.2025, whereby, referring to the earlier notices, directed the petitioners to vacate the land by 6th and 7th of March, 2025, failing which eviction proceedings were to be carried out. Hence, these present writ petitions.
*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=A9S7c5LDIsB6RXaCf816xzeQFXGA1K%2BKFskyh15edDUUpan5ksMSL3J1mhjEoZch&caseno=WP(C)/1502/2025&cCode=1&cino=GAHC010052772025&state_code=6&appFlag=)
Disclaimer: Curated by HT Syndication.