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1988 Supreme(Gau) 155

A.RAGHUVIR, B.L.HANSARIA, J.SANGMA
Daulatram Lakhani – Appellant
Versus
State of Assam and others – Respondent


Advocates Appeared:
J.P. Bhattacharjee and B.R. Dey, C. Baruna, Govt. Advocate Assam

Judgement

HANSARIA, J.:- A question of great public importance is involved in this reference. Realising the importance of the subject, one of us (Hansaria, J.) sitting singly referred the following question of law for answer:

"Whether a Civil Court has jurisdiction to entertain a suit which challenges, or is connected with, any act done or purported to have been done under Rule 18 of the Settlement Rules framed under the Assam Land and Revenue Regulation, 1886? If so, under what circumstances?"

2. The core facts which deserve notice to answer the question are these: The plaintiff was possessing 48 bighas and odd land in some villages of Goalpara district. He came to possess the land after having acquired the right of occupancy from various persons. By an order dated 26-10-1966, the Deputy Commissioner, Goalpara, acting under the provisions of Rule 18 of the aforesaid Rules, ordered for eviction of the plaintiff from the aforesaid land as the land had vested in the State under the provisions of the Assam Acquisition of Zamindari Act. An appeal was preferred against the order of eviction before the Assam Board of Revenue. The appeal, however, came to be dismissed on 7-2-1969. It is alle






























































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