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2022 Supreme(Gau) 770

ARUN DEV CHOUDHURY
Riju Prasad Sarma S/o Late Rabati Prasad Sarma – Appellant
Versus
State Of Assam – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. M.K. Choudhury, Mr. P. Bhardwaj, Mr. N. N. Jha, Advocate. Mr. J. Deka, Advocate.
For the Respondents: Mr. D. Mazumdar, Mr. P.S.Deka, adv

JUDGMENT :

1. The present writ petition is preferred by the Chairman, Kamakhya Debutter Board, Kamakhya Hill, Guwahati and by the Deity of Goddess, Sri Sri Kamakhya, represented by the Board of Trustees, Kamakhya Debutter Kamakhya Hill, Guwahati for a declaration that the resettlement operation carried out in Kamakhya Hills and Nilachal Hills on the basis of “Original Jamabandi” (a jamabandi of Kamakhya village of the Nilachal Hill alleged to be prepared in the year 1973) and “Duplicate Register” is null and void for the reason of non demarcation of the retainable areas of land by the deity of Sri Sri Maa Kamakhya under the Assam State Acquisition of Lands Belonging to Religious and Charitable Institutions of Public Nature Act, 1959 (hereinafter referred to as Act, 1959).

2. The matter was extensively argued by Mr. J. Deka, learned counsel on behalf of the petitioner No. 1 on more than three dates and was at stage of concluding his argument. However, on 17.08.2022, it was submitted that Mr. N. N. Jha, learned counsel was engaged by the petitioner No. 1 to argue the matter in place of Mr. J. Deka, learned counsel and in that view, this Court requested Mr. J. Deka, learned counsel to a

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