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2021 Supreme(Gau) 525

MANISH CHOUDHURY
Nur Ali S/o Abdul Hakim – Appellant
Versus
State of Assam – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. A. Ali.

JUDGMENT :

MANISH CHOUDHURY, J.

1. In this writ petition preferred under Article 226 of the Constitution of India, the petitioner has assailed a communication dated 15.11.2019, whereby, the petitioner has been notified to the effect that the construction of a pipeline would start at anytime over a plot of land covered by Dag No. 446 and Periodic Patta No. 7 (‘the subject-plot’ for short) located in Village-Katlapathar, Revenue Circle-Sarthebari, Mouza-Bhawanipur, District- Barpeta, as the Right of User over the subject-plot had been acquired by the Central Government in exercise of the powers conferred under Section 9(1) of the Petroleum and Mineral Pipelines (Acquisition of Right of User in Land) Act, 1962.

2. The petitioner has claimed that he is the owner of the subject-plot. According to the petitioner, due procedure has not been followed to acquire the Right of User over the subject-plot and as such, the action contemplated under the communication dated 15.11.2019 is illegal and arbitrary.

3. Heard Mr. A. Ali, learned counsel for the petitioner. Also heard Mr. P.S. Deka, learn

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