THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
SANJAY KUMAR MEDHI
Monmoth Kumar Paul S/o. LT. Chitta Ranjan Paul – Appellant
Versus
State Of Assam Rep. By The Principal Secretary To The Govt. Of Assam, Revenue Deptt. – Respondent
| Table of Content |
|---|
| 1. basis of writ petition seeking protection and land settlement rights. (Para 1 , 2 , 3) |
| 2. petitioners' claims derived from tenancy rights under the 1959 act. (Para 4 , 5 , 6) |
| 3. state clarification regarding land possession and public project status. (Para 7 , 8 , 9) |
| 4. legal priority of occupancy tenants under state acquisition act. (Para 10 , 11 , 12 , 13) |
| 5. harmonious balancing of public construction and tenant rights protection. (Para 14 , 15 , 16 , 17 , 18) |
JUDGMENT :
SANJAY KUMAR MEDHI, J.
Seven petitioners have joined together in this petition filed under Article 226 of the Constitution of India seeking the following reliefs:
“Under the circumstances stated above it is most humbly prayed that your Lordships may be pleased to admit this petition, call for the records and issue a Rule calling upon the respondents to show cause as to why:-
A) A writ in the nature of certiorari shall not be issued in setting aside and quashing the impugned letter dated 26.10.2018 (Annexure-8) issued by the Deputy Commissioner, Karimganj: district, Karimganj, regarding allotment of the said plots of land in possession of the petitioners, in favour of the Director of Secondary Education
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