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2024 Supreme(Gau) 66

DEVASHIS BARUAH
Dilip Kumar Borah S/o Lt. Phulai Bora – Appellant
Versus
State Of Assam – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. S. P. Roy, Advocate
For the Respondent: Ms. U. Das, Addl. Sr. GA, Mr. S. P. Khound, Standing Counsel

JUDGMENT :

Heard Mr. S.P. Roy, the learned counsel appearing on behalf of the Petitioners and Ms. U. Das, the learned Additional Senior Government Advocate appearing on behalf of the Respondent Nos. 1 and 4. I have also heard Mr. S. P. Khound, the learned Standing Counsel appearing on behalf of the Respondent Nos. 2 and 3.

2. The instant writ petition has been filed by the Petitioner challenging the demolition notices dated 30.06.2021, 20.07.2021 and 18.08.2021 issued by the Executive Officer. Be that as it may, there is no relief specifically sought for against the notice dated 03.09.2021 whereby demolition orders were issued. However, taking into account the contents of the writ petition, this Court finds it pertinent to deal with the notices dated 03.09.2021 and its legality and validity.

3. The facts of the instant case are that the Petitioner No.1 is the owner of plots of land conjointly measuring 1 Bigha 2 katha 7 Lechas covered by Dag No.414, 403, 404 and 423 included in Patta No.152, 870, 396 and 96 respectively of village Town Nortom, Mouza-Sadar Town of Nagaon District. The Petitioner No.1 claims that he had formed a society under the Societies Registration Act, 1860 known a

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