GUWAHATI, India, Sept. 30 -- Gauhati High Court issued the following order on Aug. 29:
1. The instant petition under Article 226 of the Constitution of India has been filed with the following relief:
""In the premises aforesaid, it is most respectfully prayed that the Hon'ble Court may be pleased to admit this application, call for the records and issue a Rule calling upon the Respondents to show cause as to why the impugned order of cancellation of allotment of land vide No. JDA/Corrs/19/2007/1292 dated 07.01.2014 issued by the Respondent No.3, Jorhat Development Authority (at Annexure 11 to this petition) and subsequent letter vide No. JDA/Corrs/19/2007/1366 dated 21.03.2014 issued by the Respondent No.3, Jorhat Development Authority (at Annexure- 14 to this petition) and why the Certificate of Allotment of land vide No. JDA/RLDS/8/93/97/10 dated 13.01.2016 issued by the Respondent No.3 (at Annexure- 17 to this petition) and why the Deed of Sale dated 17.02.2016 (at Annexure- 19 to this petition) and the Order granting permission for construction of boundary wall dated 12.02.2018 (at Annexure- 20 to this petition) shall not be set aside and quashed and why the petitioner shall not be allowed to register the plot of land measuring 200 square meters (15 Lechas) covered by Dag No.1095, Patta No207 of Sonali Jayanti Nagar, village Bahatia, Mouza Saru chorai of Jorhat District with the Respondent No.3, Jerhat Development Authority as per the Sale Permission dated 07.03.2014 granted by the Respondent No.2, Deputy Commissioner, Jorhat (at Annexure-13 to this petition) and after return of the Rule and upon such cause or causes being shown and upon hearing the parties be pleased to make the Rule absolute giving full and complete relief to the petitioner and/or pass such further or other order or orders as this Hon'ble Court may deem fit and proper. -ANDPending disposal of the Rule be pleased to direct the Respondents to maintain status-quo as regard possession of the land in question."
2. As per the facts projected, the Jorhat Development Authority (hereinafter JDA) had conducted a lottery for allotment of land in which the husband of the petitioner, who was working with the ONGC Jorhat, had participated. The said lottery was held on 15.11.1993 in which the husband of the petitioner was successful and was allotted an area of 200 square meters vide an order dated 13.12.1993. Along with the said order, there was a schedule of payment and as per the petitioner, the entire amount, as per the schedule was paid by 13.02.1995. Unfortunately, on 26.02.2005, the husband of the petitioner had passed away and the petitioner has claimed that she had executed an affidavit regarding the death of the husband and had submitted the same in the Office of the JDA and had also visited the office a number of times. On 19.11.2013, the petitioner had submitted an application for transfer of the land in which there was an endorsement by the Circle Officer on 11.12.2013 "may be allowed". The petitioner had accordingly applied for Land Sale Permission and on 07.03.2014, the permission for sale of land was granted. The grievance of the petitioner is however with a communication dated 07.01.2014 issued by the Jorhat Development Authority by which the allotment was cancelled.
*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=rC8SUFuyEFsvB5V61cXUrKNzvXtglHxQ9%2BFrpuWB1OV42QRdy78fFTZ3n8Ee6m27&caseno=WP(C)/1389/2018&cCode=1&cino=GAHC010043232018&state_code=6&appFlag=)
Disclaimer: Curated by HT Syndication.
