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2011 Supreme(Gau) 52

MADAN B.LOKUR, UTPALENDU BIKAS SAHA
Polofield Sanmilita Unnayan Parishad represented by Sri Poldeep Saikia, Son of Late Mahesh Saikia – Appellant
Versus
State of Assam represented by the Commissioner and Secretary to the Govt. of Assam – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff: G. Choudhury, P. Bora, B. Prasad and H. Baruah, Advs.
For Respondents/Defendant: B. Goyal, G.A., N. Dutta, Sr. Adv., B. Bhuyan, B. Talukdar, M. Das andA. Ganguly, Advs.

JUDGMENT

Madan B. Lokur, J.

1. This writ petition has been filed in public interest by the Polofield Sanmilita Unnayan Parishad, claiming to be an association of the residents of Polofield, Tezpur.

2. The writ petition concerns an area of 9 Bigha 4 Katha and 2 Lechas of land in Polofield, Tezpur (for convenience referred to as the land in question).

Background facts:

3. It appears that the Darrang Cricket Association sought allotment of the land in question way back in July, 1982. On the basis of the application and after a perusal of the relevant records, the Deputy Commissioner, Darrang, Tezpur passed an order dated 15-10-1982. This order reads as follows:

"File No. DGR-13/82

ORDER

Received the resolution for the reservation of lands measuring about 9B 3K 14L covered by Dag No. 428(O)/387(N) on the basis of the application dated 8-7-1982 filed by the Darrang Cricket Association as well as the report of the SDC, Sadar Circle vide Letter No. 1388 dated 13-10-1982. Within the said lands, the forest department has also planted saplings over 2K 10L of land. If these lands are allotted to the Association, apart from training new players, it is felt that the lands will be used for same purposes














































































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