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2023 Supreme(Gau) 280

N. KOTISWAR SINGH, SOUMITRA SAIKIA
Sekhar Dutta S/o Shri Sukumar Dutta – Appellant
Versus
State of Assam – Respondent


Advocates:
Advocate Appeared:
For the Appellant : B. Devi.
For the Respondents: D. Mazumder, N. Bordoloi.

JUDGMENT :

SOUMITRA SAIKIA, J.

1. Heard Ms. B. Devi, learned counsel for the appellant. Also heard Mr. D. Mazumder, learned Addl. Advocate General, Assam for the State and Ms. N. Bordoloi, learned Standing Counsel, Revenue Department for the respondents.

2. This writ appeal is preferred by the appellant being aggrieved by the order dated 25.08.2017 passed by the learned Single Judge in W.P. (C) No. 1866/2014 whereby the learned Single Judge held that in view of the denial by the respondent No. 4, namely Deputy Commissioner, Cachar, the claim of the petitioner that the possession of the land in question belonging to the petitioner was handed over to the respondent authorities. The learned Single Judge also held that as disputed questions of facts are involved, declined to invoke the writ jurisdiction and accordingly, disposed of the writ petition with a direction to the petitioner to raise his entitlement before the appropriate forum, if any. Aggrieved by the said findings of the learned Single Judge, this writ appeal is presented by the appellant on the following grounds:

    “6.1 For that the Hon’ble Single Judge failed to take into consideration the legal point involved in the writ petit

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