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2023 Supreme(Gau) 1354

MANISH CHOUDHURY
Anima Gogoi, W/o. Sri Kiran Gogoi – Appellant
Versus
State of Assam, Rep. by the Commissioner and Secretary to the Govt. of Assam, Revenue and Disaster Management (S) Deptt. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. S.N. Sarma, Senior Advocate.

JUDGMENT :

The present writ petition under Article 226 of the Constitution of India has been preferred by the petitioner to assail a speaking order dated 24.07.2019 passed by the respondent no. 3 whereby the petitioner’s prayer for settlement of a plot of land measuring 15 Lessas, covered by Government Dag no. 5072, situate at Sivasagar Town [Part-II], Mouza – Nagarmohol, District – Sivasagar [‘the subject-plot’, for short] has been rejected.

2. I have heard Mr. P.K. Gogoi, learned counsel for the petitioner; Mr. B. Goswami, learned Additional Advocate General, Assam assisted by Mr. R. Borpujari, learned Standing Counsel, Revenue & Disaster Management Department and Mr. R.R. Kakoti, learned counsel for all the respondents.

3. The petitioner claims to be an indigenous person. It transpires from the impugned speaking order that the petitioner submitted applications, dated 05.11.2015 & 23.11.2015, before the respondent authorities with a prayer to accord approval for settlement of the subject-plot.

4. The petitioner has stated that the petitioner had been in possession of a plot of land since a long period of time. The petitioner had earlier approached this Court by way of a writ petition

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