WP(C)/3904/2002 of KHAGENDRA NATH DEKA and ORS Vs STATE OF ASSAM and ORS on 31 December 2002

Conclusion

WP(C) 3904/2002

BEFORE

HON’BLE MR JUSTICE B K SHARMA

None appears for the petitioner on call.

In this case, notice of motion was issued on 25.06.2002 and, since then,the matter was not listed, except once, on 20.02.2009. The petition was filed by the petitioners apprehending eviction from the land purportedly under the possession of 139 petitioners at Natun Sahar Kharghuli area of Guwahati. Accordingto the petitioners, they have been residing in the land with some permanent structures. However, no description of the land is discernible. The petitioners have only indicated various Dag numbers against their names.

If the petitioners are in occupation of Government land, it is to the Government to decide as to whether they should be allowed to continue with the possession of land or they should be evicted. In the writ petition, the petitioners indicated that the land in question is waste land. Although notice of motion was issued on 25.06.2002 and, by now, 11 years have gone by, there is no interim order operating in this proceeding. Considering the matter in its entirety, the writ petition is disposed of granting liberty to the respondents to deal with the matter in accordance with law.Ms. H. M. Phukan, learned State counsel, takes notice of this order.