Petitioners Fail to Establish Rights Over Disputed Land in Magurmari; Court Directs Authorities to Provide Land Records Within Two Months
In a significant ruling, the Gauhati High Court, presided over by Justice Devashis Baruah, has dismissed a writ petition challenging an eviction notice concerning disputed lands in the village of Magurmari, issued by the Circle Officer, Dotma Revenue Circle. The petitioners, led by Hasena Bewa, were unable to substantiate their claims over the lands identified as Dag No.164 and Dag No.131, as per the notice dated April 19, 2022.
The court, acknowledging the arguments presented by Mr. M. U. Mahmud, counsel for the petitioners, noted that the sale deeds submitted pertained to different parcels of land (Dag No.128 and Dag No.135) and were irrelevant to the eviction notice. The court also took into account the report submitted by the Bodoland Territorial Council (BTC), which stated that Dag No.164 was government land, further reducing the petitioners' standing.
In his decision, Justice Baruah emphasized that the petitioners had not demonstrated any legal claim to the disputed lands, leading the court to decline interference with the eviction notice. The eviction was in favor of MNP/TB holders, who had been granted rights under the MNP Scheme.
However, the court recognized the petitioners' right to obtain land records for different plots they claimed to own. It directed the respondent authorities to provide trace maps and Jamabandi records for lands covered by Myadi Patta No.1 of Dag No.135 and Dag No.128, upon application and payment of the prescribed fees. The authorities were given a two-month deadline to comply with this directive following the submission of a complete application.
This ruling underscores the necessity for claimants to substantiate their ownership rights with adequate documentation when contesting eviction notices. It also reinforces the procedural rights of landholders to access land records, ensuring transparency in land administration.
Bottom Line :
Writ Petition challenging notice of eviction - Petitioners could not substantiate any right over the disputed land as per the impugned notice - Court directed authorities to provide the trace map and Jamabandi of certain other lands upon application by petitioners and payment of prescribed fees.
Statutory provision(s): Land Laws, Writ Petition, Eviction Notice, Land Records, Myadi Patta, MNP Scheme
Hasena Bewa v. State of Assam, (Gauhati) : Law Finder Doc id # 2966476
