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1986 Supreme(Gau) 63

K.N.SAIKIA, S.N.PHUKAN
Buddheswar Dowari – Appellant
Versus
State of Assam & 2 Ors. – Respondent


Advocates Appeared:
J.Sarma, B.Sarma, A.C.Sarma, A.C.Buragohain

The petitioner impugns the notice conveyed in the Telegram dated 7.2.86 followed by Memo No. SMG. 49/85/Pt./ dated 11.2.86 stating that one Shri Tarun Chandra Bailung appealed to Government against settlement of Rajmai Cattle market with the petitioner, and fixing the date of hearing of that ap­peal on 14.2.86 at 11 A.M. The said Rajmai Cattle market was settled with the petitioner by the Sibsagar Mohkama Parishad against which said Taiun Chaodra Bailung appealed and the appellate authority by order dated 4.2.86 dismissed that appeal, thus upholding the settlement in favour of the petitioner. The reafter the respondent No. 3 Taruu Chandra Bailung filed the said appeal for review whereupon the impugned notice (Annexure A to the petition) was issued the petitioner in fact appeared be­fore the appellate authority on 14.2.36 and objected to taking up of any proceeding in the nature of review. However, the appe­llate authority fixed 20.2 86 for hearing. Hence this petition.

2. Mr. A. C. Buragohain, learned counsel for the petitioner submits that under section 138 of the Assam Panchayat Raj Act, 1972 there is no provision for any review of the appellate order passed by the State Governmen


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