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2014 Supreme(Gau) 72

A.M.SAPRE, UJJAL BHUYAN
NURUL HAQUE – Appellant
Versus
STATE OF ASSAM – Respondent


JUDGMENT

(AM Sapre,CJ)

This is an intra-court appeal filed by the writ petitioner of WP(C) 5217/2013 under Rule 2(3) of Chapter V-A of the Gauhati High Court Rules against the order dated 10.9.2013 passed by the Single Judge in abovementioned writ petition.

By the impugned order, the learned Single Judge (writ court) dismissed the appellant’s writ petition with observations.

So the short point that arises for consideration in this appeal is whether the writ court was justified in dismissing the appellant’s writ petition?

The facts of the case lie in a narrow compass, so also the controversy involved in the appeal, and hence, instead of reproducing the facts in our order, we consider it apposite to reproduce the entire impugned order in verbatim, which contains the facts and the reasoning of the writ court.

“Heard Mr. A.Ganguly, learned counsel for the petitioner and Mrs. VL Singh, learned State counsel for the respondents.

By this petition under Article 226 of the Constitution of India, the petitioner has made a prayer for setting aside the order dated 20.5.13 passed by the Respondent No.2.

The case of the petitioner is that he has filed an application with a prayer for NOC to sell











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