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2022 Supreme(Gau) 159

MANISH CHOUDHURY
Shamim Ahmed D/o Late Sofiuddin Ahmed – Appellant
Versus
State of Assam – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mr. D.P. Chaliha, Ms. M. Roy.
For the Respondents: Mr. P.S. Deka, Ms. S. Sarma.

JUDGMENT :

MANISH CHOUDHURY, J.

1. This writ petition under Article 226 of the Constitution of India has been preferred by the writ petitioner seeking inter-alia a direction, in the nature of mandamus, to the respondent authorities to return the land acquired earlier from the family of the petitioner as the same is seen to be unutilized by the respondent authorities for about a decade after its acquisition.

2. The case projected by the petitioner, in brief, is that the grandfather of the petitioner, Late Nazar Uddin owned and possessed a plot of land measuring 2 Bighas 1 Katha 8 Lessas (02B-01K-08L) located in Village - Thakuranbari, Mankachar Revenue Circle in the present district of South Salmara - Mankachar (‘the subject-plot’ for short). The subject-plot which stood in the name of Late Nazar Uddin, is covered by Dag No. 251 and Patta No. 176. The subject-plot was agricultural land and periodic lease was issued in the name of Late Nazar Uddin.

3. By a Notification No. RLA-182/2000 dated 03.08.2001, a land acquisition proceeding was drawn up under the provisions of the Land Acquisition Act, 1894 (since repealed) and accordingly, a land acquisition case being L.A. Case No. 07/1995-199

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