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2023 Supreme(Gau) 609

DEVASHIS BARUAH
Mastopha Ahmed S/o. Late Moktar Ahmed @ Moktar Ali – Appellant
Versus
Union of India, Represented by the Secretary to the Govt. of India, Ministry of Petroleum and Natural Gas – Respondent


Advocates Appeared:
For the Petitioner: Mr. S. Alim.
For the Respondent: Mr. S. Mitra.

JUDGMENT :

Heard Mr. S. Alim, learned counsel appearing on behalf of the petitioner. None appears on behalf of the respondent no.1 on call. Mr. S. Mitra, learned counsel appears on behalf of the respondent nos.2, 3 & 4.

2. Taking into account the matter involved, the instant writ petition is taken up for disposal at the Motion stage itself.

3. As the dispute involved herein relates inaction on the part of the respondent authorities more particularly, the competent authority in not exercising the powers under Section 11(5) of the Petroleum & Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962 (hereinafter referred to as “Act of 1962”, notice upon the respondent no.5 is dispensed with.

4. The case of the petitioner herein is that the petitioner claims to be the grandson of one Bahar Ali since deceased, who was the original Pattadar of a plot of land measuring 1 Bigha 1 Katha 17 Lechas covered by Dag No.663 of Patta No.124 situated at Revenue Village No.1 Dobak under Pub Borigog Mouza in the District of Kamrup, Assam. It is the further case of the petitioner that after the death of the petitioner’s grandfather Late Bahar Ali, the names of his four sons namely (i) Moktar Ah

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