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1972 Supreme(Gau) 26

P.K.GOSWAMI, M.C.PATHAK
Hiranya Kumar Barthakur and others – Appellant
Versus
P. C. Saikia and others – Respondent


Advocates Appeared:
A.R. Barthakur and P. Prosad, D. Pathak

Judgement

GOSWAMI, C. J. :- This application under Article 226 of the Constitution of India is directed against a notification dated 21-3-1968 of the State Government made under Section 3 (1) of the Assam State Acquisition of Lands belonging to Religious or Charitable Institution of Public Nature Act, 1959 (Assam Act IX of 1961), hereinafter referred to as the Act.

2. This Act was brought into force with effect from 18-1-1963 by a notification of the State Government of 15-1-1963 published in the Assam Gazette on 16-1-1963. Under this Act, the State Government has got powers to frame rules and the rules were published in the Assam Gazette dated 9-1-1963. Under Section 18 of the Act the Head of a religious or charitable Institution shall within three months from the date of commencement of this Act, submit to the Deputy Commissioner a return giving the particulars of all his lands mentioning specifically the land (a) selected for retention under S. 5 (b) are under occupation of tenants and (c) not under occupation of any tenant. Other particulars also may be supplied. If, however, a return is not submitted as provided for under Section 18, the Deputy Commissioner under Section 19 of t



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