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2025 DAILYLAW 8081 (GAU)

ABDUL KAHIR v. THE UNION OF INDIA AND 8 ORS.

WP(C)/1217/2025 · 2025-03-04

Manish Choudhury

Writ Petition (Civil)body2025

Judgment text

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Page No.# 1/3 GAHC010038402025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1217/2025 ABDUL KAHIR S/O LATE SHAMSUL HOQUE, R/O VILL LATIMARA, P.S.-KATIGORAH, DIST- CACHAR, ASSAM, PIN 788805 VERSUS THE UNION OF INDIA AND 8 ORS. REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA, MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, TRANSPORT BHAWAN, 1, PARLIAMENT STREET, NEW DELHI- 110001 2:THE STATE OF ASSAM REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM REVENUE AND DISASTER MANAGEMENT DEPARTMENT DISPUR GUWAHATI-6 3:THE SECRETARY TO THE GOVT. OF ASSAM REVENUE AND DISASTER MANAGEMENT AND ARBITRATOR LAND ACQUISITION CASES ASSAM DISPUR GUWAHATI-6 4:THE DISTRICT COMMISSIONER (LAND ACQUISITION BRANCH) DIST- CACHAR ASSAM PIN-788001 5:THE ADDITIONAL DISTRICT COMMISSIONER (LAND ACQUISITION BRANCH) Page No.# 2/3 DIST- CACHAR ASSAM PIN-788001 6:THE ASSISTANT SETTLEMENT OFFICER KATIGORAH REVENUE CIRCLE DIST- CACHAR ASSAM PIN-788805 7:NATIONAL HIGHWAYS AND INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED (NHIDCL) REPRESENTED BY THE DEPUTY GENERAL MANAGER (P) PMU-SILCHAR PESKAR LANE SONAI ROAD KANAKPUR PART-I SILCHAR ASSAM-788006 8:THE NATIONAL HIGHWAYS AUTHORITY OF INDIA REPRESENTED BY ITS CHAIRMAN G 5 9 AND 6 SECTOR 10 DWARKA NEW DELHI-110075 9:SAMSUL HOQUE S/O LATE SAYAB ALI R/O VILL- NOHMALI P.S.-KATIGORAH DIST- CACHAR ASSAM PIN-78880 Advocate for the Petitioner : MR. B U LASKAR, Advocate for the Respondent : DY.S.G.I., SC, NHIDC,SC, NHAI,SC, REVENUE,GA, ASSAM Page No.# 3/3 BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER Date : 05.03.2025 Heard Mr. B.U. Laskar, learned counsel for the petitioner; Mr. C. Baruah, learned Standing Counsel for the respondent nos. 1, 7 & 8; Ms. P.R. Mahanta, learned Standing Counsel, Revenue Department for the respondent nos. 2 & 3; and Ms. S. Baruah, learned Junior Government Advocate, Assam for the respondent nos. 4, 5 & 6. On perusal of the pleadings and the annexures appended hereto, it has came to notice that in respect of Annexure – D which is a letter written by the petitioner on 26.11.2024 before the authorities, the translated copy is found to be wrongly prepared. On perusal, this Court is of the considered view that it is prima facie suggestive of an deliberate act. Be that as it may. Mr. Laskar, learned counsel for the petitioner has submitted that the petitioner may be allowed to withdraw the writ petition, with liberty to file afresh. In view of the above submission made by Mr. Laskar, the writ petition is dismissed on withdrawal, with the liberty, as prayed for. JUDGE Comparing Assistant