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2011 Supreme(Gau) 856

AMITAVA ROY, H.BARUAH
Riju Prasad Sarma & Ors. – Appellant
Versus
State of Assam & Ors. – Respondent


Advocates Appeared:
Advocates appeared for the Appellant:Mr. AK Bhattacharjee, Sr, Advocate, Mr. S Sarma, Mr. DK Mishra, Sr. Advocate, Ms S Jahan, Mr. DK Mishra, Sr. Advocate, Ms S Jahan., Advocates appeared for the Respondents. Mr. BC Das, Sr. Advocate Mr. P Pathak, Sr. Advocate Mr. CK Sarrna Baruah, Sr. Advocate, Mr. S Shyam, Mr. B Sarma, Mr. KN Chowdhury, Addl. A.G, Assam, Mr. AC Buragohain, Addl. A.G, Assam, Mr. PS Deka, G.A., Assam

Amitava Roy, J.;-

This adjudicative pursuit beholds a trian­gular orientation of competing assertions cen­tering around the centuries old religious insti­tution adorned by the globally reverred deity, Shri Shri Maa Kamakhya nestled in the ver­dant Nilachal Hills overseeing the mighty river Brahmaputra from its southern bank. The aforementioned appeals mount a challenge to the judgment and order dated 6.8.2004 ren­dered in WP(C) No. 5385/2000 along with WP(C) Nos. 6184/2000 and 2955/2002. The deity as well has been made to figure in the legal wrangle encompassed in WP(C) 935/2005 in a bid to nullify the provisions of the Assam State Acquisition of Lands Be­longing to Religious or Charitable Institutions of Public Mature Act, 1959 (for short, here­inafter referred to as 'the Act') with its amendment in the year 1987 integrating Sec­tion 25A thereto. The constitutional validity of this enactment as a whole has been im­peached.

2. Whereas the appellant in W.A. No. 311 /2004 was the writ petitioner in WP(C) No. 5385/2000 representing himself to be an administrator of the Kamakhya Debutter (hereinafter also referred to as "the Kamakhya Debutter Board/ Board"), one Sri Kamal Chandra Sarma [


















































































































































































































































































































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