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1961 Supreme(SC) 156

A.K.SARKAR, P.B.GAJENDRAGADKAR, N.RAJAGOPALA AYYANGAR, K.C.DAS GUPTA, K.N.WANCHOO
Sonapur Tea Company Private LTD. : Mazirunnessa – Appellant
Versus
Deputy Commissioner And Companyllector Of Kamrup – Respondent


Advocates:
AMJAD ALI, D.N.MUKHERJI, K.R.CHAUDHARY, N.C.CHATTERJI, NAUNIT LAL, S.M.LAHIRI

Judgment

GAJENDRAGADKAR, J. : These two appears arise out of two writ petitions Nos. 138 and 139 of 1958 filed respectively by the two appellants, Sonapur Tea Co. Ltd., of 15-D Sambhunath Pandi Street, Calcutta-9, and Musst. Mazirunnessa, wife of Abdul Gafur of Village Bhoknamari, District Kamrup, in which they challenged the validity of the Assam Fixation of Ceiling on Land Holdings Act I of 1957 (hereafter called the Act). The said writ petitions have been dismissed by the Assam High Court substantially on the ground that since the impugned Act falls within the protection of Art. 31A the challenge made by the two appellants to the several provisions of the Act under Arts. 14, 19 (1) (f) and 31 (2) cannot be entertained. Having dismissed the writ petitions principally on this ground the High Court granted certificates to both the appellants to come to this Court in appeal, and so it is with the said certificates that the two appeals have been brought to this Court.

2. It is not necessary to set out the material facts leading to the two writ petitions in any detail. It would be enough to say that under S. 5 of the impugned Act notices had been served on both the appellants by the res











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