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2023 Supreme(Gau) 1456

DEVASHIS BARUAH
Cachar Transport Vehicle Owners Association – Appellant
Versus
State of Assam, Through the Secy. to the Govt. of Assam, Deptt. of Transport, Dispur – Respondent


JUDGMENT :

Heard Mr. B.C. Das, learned senior counsel, assisted by Mr. S. Nath, learned counsel appearing on behalf of the petitioners. Also heard Mr. R. Borpujari, learned Standing Counsel, Revenue and Disaster Management Department; Ms. U. Das, learned Additional Senior Government Advocate, Assam and Ms. M.D. Bora, learned Standing Counsel, Transport Department, Assam.

2. The instant writ petition is filed challenging the orders dated 28.04.2015 and 29.04.2015, issued by the Deputy Secretary to the Government of Assam, Revenue and Disaster Management Department and the Deputy Commissioner, Cachar, respectively, and the subsequent actions taken pursuant thereto.

3. From a perusal of the writ petition, it reveals that the petitioner No. 1 herein is a society registered under the Societies Registration Act, 1860, having its Registration No. 54/1945-46. In the year 1977, witnessing speedy and sudden growth of urban area within the Silchar Town due to the increase of population and, resultantly, the number of buses increasing substantially, the Government, vide order dated SRS.118/77-78/8-A dated 09.10.1977 allotted the petitioner association a fallow, deep, marshy plot of Government lan

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