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1995 Supreme(Gau) 217

J.N.SARMA
Dhiren Chakravorty – Appellant
Versus
State of Assam – Respondent


Advocates Appeared:
Y.K.Phukan, S.Kataki, J.P.Bhattacharjee, H.Munir , G.N.Sahewalla, G.K.Bhattacharyya, D.N.Choudhary, A.K.Goswami

The fact in these two cases are different and was heard on different dates, both the cases were represented by different counsel but they raise the common question of law and as they are taken up together. This common judgment shall cover both these cases.

2. In Civil Rule No.35 of 1989, the prayer has been made to quash the orders dated 25.2.77 (Annexure II), order dated 19.9.88 (Annexure IX) and order dated 29.10 88 (Annexure VIII). All these orders were passed in ceiling cases. These Annexure II, IX and VIII are quoted below:

xxxx  xxxxx xxxx

3. In Civil Rule No. 1205 of 1989 the prayer has been made to quash the order dated 18.11.85 Annexure II and the order of revision application passed by the Secretary, Govt. of Assam, Revenue Department, Annexure II to the writ application, They are quoted below:

xxxx  xxxxx xxxx

4. The Assam Fixation of Ceiling on Land Holdings Act, 195 6 (hereinafter called the Act) was enacted for fixation of ceiling on land holdings. The first ceiling was fixed at 150 bighas per family and the Act of 1956, provided that the excess land of existing holdings may be acquired by the State Govt. and the method of payment of compensation to the persons holding th






























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