Anil Borgohain and 5 Ors v. State of Assam and 3 Ors

ORDER Date : 13-09-2024 None appears for the petitioner on call. Mr. S. Baruah, learned counsel for the respondent No.4 by referring to the affidavit so filed by the said authority submits that the names of the petitioners No.1, 2 and 3 were deleted from the Touzi record dated 17.04.1994, while there was no record in this connection in respect of respondents No.4, 5 and 6. Mr. S. Baruah, learned counsel also submits that the land in question is a reserved land and there is no record available pertaining to the allotment of the said land to the school for setting up of boy's hostel. It is also submitted by Mr. S. Baruah, learned counsel that there was no record establishing the fact that the petitioners herein were in occupation of the land in question for the last 30 years. In view of the above submission, which was not disputed by the petitioners herein, by way of filing rejoinder, the petitioners are to be held to be in illegal occupation of the land in question and accordingly the eviction process as initiated cannot be said to erroneous. However, considering the fact that none has appeared on behalf of the petitioners on call, this Court refrains from proceeding to dismiss the writ petition on merit. However, the writ petition stands dismissed for non-prosecution. JUDGE Comparing Assistant

PageoNo.#o1/2 GAHC010232212016 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/7388/2016o ANILoBORGOHAINoando5oORS.o S/OoLT.oKULENDHARoBORGOHAIN 2:oSRIoNRIPENoGOGOI oS/OoLT.oNANDAoNATHoGOGOI 3:oSRIoBABULoBORUAH oS/OoLT.oKAMALoCH.oBORUAH 4:oSMTI.oUPARANIoBORGOHAIN oW/OoSRIoKHIRODoCHETIA 5:oSMTI.oPUSPAoLAHON oW/OoSRIoPRAFULLAoBORGOHAIN 6:oSMTI.oPRABHARANIoBORAHo@oPRABHABATIoBORAH oW/OoSRIoBALINDRAoMAHANTAoALLoAREoRESIDENToOFoPENGREEo CHARIALIoP.O.oandoP.S.oPENGREE oDIST.oTINSUKIA oPINo-o786181o VERSUSo STATEoOFoASSAMoando3oORS.o THROUGHoTHEoSECRETARYoLANDoandoREVENUEoDEPT.oGOVT.oOFoAoSSAM, ASOMoSACHIVALAYA,oDISPUR,oGUWAHATIo-o781006. 2:THEoDEPUTYoCOMMISSINER oTINSUKIAoDISTRICT oP.O.oTINSUKIAoPINo-o786125. 3:SUB-DIVISIONALoOFFICERoCIVIL oMARGHERITAoSUB-DIVISIONoP.O.oandoP.S.oMARGHERITAoDIST.oTINSUKIA Page No.# 2/2 ASSAM PIN - 786181. 4:THE CIRCLE OFFICER MARGHERITA REVENUE CIRCLE P.O. and P.S. MARGHERITA DIST. TINSUKIA ASSAM PIN-786181 Advocate for the Petitioner : MRG P BHOWMIK, MS.P CHETIA,MR.R HAZARIKA Advocate for the Respondent : , GA, ASSAM(R1-4), BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR