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2025 DAILYLAW 18290 (GAU)

KASHEM ALI AND 6 ORS v. THE STATE OF ASSAM AND 2 ORS

WP(C)/5141/2025 · 2025-09-04

Sanjay Kumar Medhi

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/4 GAHC010191242025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5141/2025 KASHEM ALI AND 6 ORS S/O- LATE MOSLEM UDDIN MOLLAH, R/O- VILL.- CHIRAKUTI PART-II, P.O. CHIRAKUTA, P.S. CHAPAR, DIST. DHUBRI, ASSAM 2: IBRAHIM ALI S/O- LATE SAYED ALI R/O- VILL.- CHIRAKUTI PART-II P.O. CHIRAKUTA P.S. CHAPAR DIST. DHUBRI ASSAM 3: AYSHA SIDDIKA D/O- SOFIOR RAHMAN R/O- VILL.- CHIRAKUTI PART-II P.O. CHIRAKUTA P.S. CHAPAR DIST. DHUBRI ASSAM 4: AFZAL HOQUE S/O- REZZAKUDDIN R/O- VILL.- CHIRAKUTI PART-II P.O. CHIRAKUTA P.S. CHAPAR DIST. DHUBRI ASSAM 5: ABDUL HAMID SHEIKH S/O- JAMAL UDDIN R/O- VILL.- CHIRAKUTI PART-II P.O. CHIRAKUTA P.S. CHAPAR DIST. DHUBRI Page No.# 2/4 ASSAM 6: JOHIRUL ISLAM S/O- LATE AKBAR ALI R/O- VILL.- CHIRAKUTI PART-II P.O. CHIRAKUTA P.S. CHAPAR DIST. DHUBRI ASSAM 7: SAMAD ALI S/O- SANUAR ALI R/O- VILL.- CHIRAKUTI PART-II P.O. CHIRAKUTA P.S. CHAPAR DIST. DHUBRI ASSA VERSUS THE STATE OF ASSAM AND 2 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, REVENUE AND DISASTER MANAGEMENT, DISPUR, GUWAHATI-6. 2:THE DISTRICT COMMISSIONER AND COLLECTOR OF DHUBRI DISTRICT DHUBRI P.O. DHUBRI (HEAD OFFICE) DIST. DHUBRI ASSAM PIN- 783301. 3:THE ADDL. DISTRICT COMMISSIONER AND COMPETENT AUTHORITY LAND ACQUISITION DHUBRI AT DHUBRI P.O. DHUBRI (HEAD OFFICE) DIST. DHUBRI ASSAM PIN- 783301 Advocate for the Petitioner : MR. M A SHEIKH, MS F INTAZ,MR. W A SHEIKH Advocate for the Respondent : GA, ASSAM, SC, REVENUE Page No.# 3/4 BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI ORDER 05.09.2025 Heard Shri M. A. Sheikh, learned counsel for the petitioners. Also heard Shri N. Das, learned State Counsel as well as Ms. G. Hazarika, learned Standing Counsel, Revenue Department. Considering the nature of the grievance and as agreed to by the learned counsel for the parties, the instant writ petition is disposed of at the motion stage. The petitioners are aggrieved by a land acquisition proceeding initiated vide LA Case No. 1/2025-26 which has been initiated under the Assam Land (Requisition & Acquisition) Act 1964. Amongst various grounds of challenge, the learned counsel has submitted that Section 3 read with Form A of the said Act have not been adhered to. He has also submitted that pursuant to the notice issued on 10.06.2025, the petitioners have submitted individual representations on various dates which, according to the petitioners, have not been considered or disposed of. Shri N. Das, learned State Counsel as well as Ms. Hazarika, the learned Standing Counsel have submitted that if such representations are actually not disposed of, a direction may be given for consideration and disposal of the representation in accordance with law. They have however stoutly refuted the submissions that there has been any violation of Section 3 or Form A appended thereto. After hearing learned counsel for the parties, without giving into inter se Page No.# 4/4 merits of the case, it appears that representations were filed against the impugned notice dated 10.06.2025 which according to the petitioners have not been considered and disposed of. If that be so, this Court directs the District Commissioner, Dhubri to take on board the representations of the petitioners (Annexures 4 to 10 of this writ petition) and after considering, dispose of the same in accordance with law. The said consideration and disposal be made expeditiously as it involves a project of public importance. To Balance the equities, it is provided that till such disposal is done by a speaking order, no coercive action be taken against the petitioners. This aforesaid direction would be operative only if in the meantime, the representations have not been disposed of. JUDGE Comparing Assistant