GUWAHATI, India, Nov. 18 -- Gauhati High Court issued the following order on Oct. 17:
1. Heard Mr. Atal Tiwari, learned counsel appearing for the petitioners. Also heard Mr. Jayanta Chutiya, learned Standing Counsel for the Karbi Anglong Autonomous Council. The State of Assam has been represented by Mr N Das, learned Government Advocate.
2. These 5 (five) writ petitions have been preferred by the petitioners, apprehending eviction proceedings at the hands of the respondent authorities in the Karbi Anglong Autonomous Council from the land which they claim to have possessed for a long period of time, in some cases, even from the times of their grandfathers. The crux of the assertions made in each of the writ petition is given below:
a. WP(C) 1920/2022 It is the case of the petitioner that his father, Farid Khan was in possession of two parcels of land - a plot of land measuring 3 Bighas & 16 Lessas covered by Dag no. 31 & Patta no. 3 and another plot of land measuring 1 Bigha & 6 Lessas covered by Dag no. 38 & Patta no. 3, both within Block no. 3, Lahorijan. In support of his claim, the petitioner has annexed a Kaccha Patta issued in favour of the petitioner's father, Late Farid Khan by the Assistant Settlement Officer on 06.10.2009. The respondent authorities had been undertaking eviction drives in and around the localities under Block no. 3, Lahorijan, Mouza - Borjan, Revenue Circle - Diphu without serving any prior notice under Rule 18 of the Assam Land and Revenue Regulation, 1886. In the process, a number of similarly situated persons were evicted. The petitioner, apprehending a similar prejudicial eviction without being afforded an opportunity of being heard, had filed the writ petition.
b. WP(C) 432/2022 The petitioner stated that he is in occupation of 3 Bighas of land covered by Dag No.35, Patta No. 4 of Village-Lahorijan, Block No. 3, Mouza-Borjan under Diphu Revenue Circle of Karbi Anglong Autonomous District that was given to him as a gift by its owner Rahimshah Khan. However, the respondents in the KAAC are now contemplating to evict him from his said patta land. In this regard, the petitioner has placed before the Court the copy of the notice issued by the Revenue Officer, KAAC in Misc. Case No.1570 dated 26.11.2021 under Rules 18 (2) and 18 (3) of the Assam Land and Revenue Regulation, 1886 directing him to vacate the said land the same being Government land which he is allegedly occupying by encroaching the same.
*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=zDLovBVSUw02H8XukOjXfH%2BFXtwXcfabAUrEPkmkmZXjxwmaYGz8%2BsXN%2BPrAOy1l&caseno=WP(C)/457/2022&cCode=1&cino=GAHC010012022022&state_code=6&appFlag=)
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