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2009 Supreme(Gau) 123

J.CHELAMESWAR, A.C.UPADHYAY
Md. Sahidur Rahman – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For Appellant/Petitioner/Plaintiff: G.U. Ahmed, Adv.
For Respondents/Defendant: B. Goyal, State Counsel and K. Das, Standing Counsel, BTC

JUDGMENT

A.C. Upadhyay, J.

1. Heard Mr. G.U. Ahmed, learned Counsel for the Petitioner and Mrs. B. Goyal, learned Counsel for State Respondents. Also heard Mr. K. Das, learned Standing Counsel, BTC.

2. This Public Interest Litigation has been filed by the Petitioner praying for a direction to retain Khoraghat Sand-cum-Gravel Mahal and Soulmari Sand-cum-Gravel Mahal, located outside the jurisdiction of Bodoland Territorial Council (BTC), under the jurisdiction of Dhubri Forest Division of the Govt, of Assam. The Petitioner has stated in the writ petition that Khoraghat Sand and Gravel Mahal and Soulmari Sand-cum-Gravel Mahal, both located on the riverbed of Sonkosh/Tipkai rivers, are situated within the administrative jurisdiction of Dhubri Forest Division of Govt, of Assam. It has been alleged by the Petitioner that Bodoland Territorial Council has been illegally claiming administrative control of Khoraghat Sand and Gravel Mahal. The Petitioner submits that the aforesaid unjustified claim of the Bodoland Territorial Council has caused public resentment.

It will be pertinent to quote the prayer of the writ Petitioner, which is as follows:

In the premises aforesaid your humble Petitioner
















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