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2023 Supreme(Gau) 765

SANDEEP MEHTA, ARUN DEV CHOUDHURY
Marwari Panchayat, Nagaon (Gopal Gaushala) – Appellant
Versus
Khagorijan Anchalik Krishak Suraksha Samiti – Respondent


Advocates:
Advocate Appeared:
For the Appellants : K.N. Choudhury, R. Dubey, P.K. Garodia.
For the Respondents: Sheeladitya, R.K. Borah.

JUDGMENT :

SANDEEP MEHTA, J.

1. The instant intra-Court writ appeal is directed against the judgment & final order dated 23.11.2017 passed by the learned Single Judge in WP (C) No. 1896/2011 (Khagorijan Anchalik Krishak Suraksha Samiti vs. State of Assam and Others), whereby the writ petition preferred by the respondent No. 1/writ petitioner Samiti was accepted and the settlement of 75 Bighas of Village Grazing Reserve (VGR) land in favour of the appellant (respondent No. 3 in the writ petition) located in Majorati VGR in Nizsahar Mouza, District-Nagaon vide the order dated 11.09.1970 issued by the Deputy Commissioner (respondent No. 3 herein) and as approved by the State Government vide communication dated 06.10.1970, was interfered with and set aside.

2. A perusal of the impugned judgment & order would reveal that the learned Single Judge entertained the writ petition filed after nearly 40(forty) years of the settlement order accepting the plea of the respondent No. 1/writ petitioner on the ground that the order of settlement never came into public domain and that the land in question was continuously being used by the villagers for grazing their household cattle. For the first time

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