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2023 Supreme(Gau) 365

MITALI THAKURIA
Shahidur Rahman S/o. Lt. Moslem Uddin Ahmend – Appellant
Versus
State of Assam, Rep. by The Comm. And Secy. To The Govt. Of Assam Revenue and Disaster Management Deptt – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Ms. R Choudhury, Mr. N. Rahman
For the Respondent: Mr. D. Nath, Sr. G.A., Assam, Mr. C. Sarma, Mr. S. Roy, Mr. G. Baruah

JUDGMENT :

Heard Ms. R. Choudhury, learned counsel assisted by Mr. N. Rahman, learned counsel for the petitioners. Also heard Mr. D. Nath, learned Senior Government Advocate, Assam, for the respondent Nos. 1 to 4; Mr. C. Sarma, learned counsel for the respondent Nos. 8 & 9; Mrs. S. Roy, learned counsel for the respondent No. 7; and Mr. G. Baruah, learned counsel appearing on behalf of respondent/NHIDCL, representing respondent Nos. 5 & 6.

2. This is an application under Article 226 of the Constitution of India for issuance of writ in nature of certiorari/mandamus and or any other appropriate writ, order or direction of like nature.

3. The brief facts of the case of the petitioners is that the father of the petitioners, namely, Lt. Moslem Uddin Ahmed, was the absolute owner of the land measuring 51 Bighas 3 Kathas and 11 lessas at village Koreya Pahar under Boitamari Revenue Circle in the District of Bongaigaon, Assam. In the year 1961, final Khatian was also issued in favour of said Lt. Moslem Uddin Ahmed. But, in the said final Khatian, the name of “Secretary Dong Committee” was also wrongly been recorded along with the name of the original Khatiandar-Moslem Uddin Ahmed. The father o

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