GAUHATI HIGH COURT ISSUES ORDER ON SMT. MAUSUMI DE V/S THE STATE OF ASSAM

GUWAHATI, India, Dec. 14 -- Gauhati High Court issued the following order on Nov. 13:

1. Heard Ms. P. Chakraborty, learned counsel for the petitioner; Ms. N. Bordoloi, learned Standing Counsel, Revenue Department for the respondent nos. 1 & 2; Ms. M. Barman, learned Junior Government Advocate, Assam for the respondent nos. 3, 4 & 5; and Mr. S. Dutta, learned Senior Counsel assisted by Ms. K. Borah, learned counsel for the respondent no. 6.

2. The instant writ petition under Article 226 of the Constitution of India is preferred assailing an Order dated 07.03.1992 issued by the Deputy Secretary to the Government of Assam, Settlement Branch Revenue [Settlement] Department whereby an earlier settlement proposal made in favour of one Sunil Ranjan Dey and his wife, Manjusree Dey conveyed vide the Department's Office Letter no. RSS.73/91/15 dated 29.10.1991 read with Office Letter no. RSS.73/91/19 dated 07.03.1992 was modified.

3. In order to appreciate the nature of challenge made in this writ petition in the year 2018, it is apt to refer to the sequence of preceding events, at first.

4. The petitioner is the wife of one Sri Sanjay Kumar Dey. The petitioner is the daughter-in-law of Sunil Ranjan Dey [since deceased] and Manjusree Dey [since deceased], as they are the parents of Sri Sanjay Kumar Dey.

5. Late Sunil Ranjan Dey was an employee of Indian Air Force. During his lifetime, he made an application for allotment/settlement of a plot of land for homestead purpose on 22.07.1979 before the jurisdictional Deputy Commissioner, Cachar. The jurisdictional Sub-Deputy Collector submitted a Report on 25.07.1979 recommending the proposal for allotment/settlement of a plot of land in favour of Sunil Ranjay Dey. The jurisdictional Land Advisory Committee in one of its Meetings, held on 21.08.1979, passed a resolution for allotment of a plot of land measuring 3 Kathas 15 Chataks at Mouza - Ukilbazar, Pargana - Barakpar, District - Cachar in favour of Sunil Ranjan Dey for homestead purpose on realization of requisite premium on the condition that the land must have to be utilized for the specific purpose for which it would be allotted.

6. It was on 29.10.1991, the Deputy Secretary to the Government of Assam, Settlement Branch Revenue [Settlement] Department [the respondent no. 2] wrote to the Deputy Commissioner, Cachar District [the respondent no. 3] vide Office Letter no. RSS.73/91/15 whereby approval was accorded for settlement of a plot of land measuring 3 Kathas 15 Chataks, covered by Dag no. 256, situate at Mouza - Ukilbazar, Pargana - Barakpar, District - Cachar ['the subject-land', for short] with Sunil Ranjan Dey and his wife, Manjusree Dey after realization of due premium.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=rC8SUFuyEFsvB5V61cXUrNUIzGOBVdcV0bulKZq7THnPpWPGDG%2BLjQowmllTvyN7&caseno=WP(C)/4748/2018&cCode=1&cino=GAHC010155462018&state_code=6&appFlag=)

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