AJIT SINGH, MANOJIT BHUYAN
Dhunseri Petrochem and Tea Ltd. – Appellant
Versus
State of Assam – Respondent
Manojit Bhuyan, J.
1. Heard Mr. D.K. Mishra, learned Senior Counsel representing the appellants/writ petitioners assisted by Mr. S.K. Deka, Advocate as well as Mr. D. Mozumder, learned Additional Advocate General, Assam for all the respondents, assisted by Mr. R.K.D. Choudhury, learned Senior Government Advocate, Assam. Writ Appeal 16/2011 is directed against the judgment and order dated 05.01.2011 of the learned Single Judge, dismissing the WP (C) 5920/2010, where challenge was made to the Notices dtd. 27.09.2010 and 30.10.10 of the Circle Officer, Naharkatia Revenue Circle, by which the appellants were directed to vacate the Government land measuring 33 Bighas 4 Kathas 13 Lechas. The tagged matter i.e. WP(C) 2709/2015 primarily questions the constitutional validity of Rule 18 of the Settlement Rules framed under the Assam Land and Revenue Regulation, 1886, primarily sub-rule(2) thereof, to the extent that it is violative of Article 14 of the Constitution as it stands to confer arbitrary and unbridled power on the Deputy Commissioner to declare an occupant of the land as an encroacher, if in his opinion such person has not acquired the right of a proprietor, land holder o
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