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2025 DAILYLAW 9879 (GAU)

MOSTAFIZUR RAHMAN v. THE UNION OF INDIA AND ORS

WP(C)/2152/2025 · 2025-05-22

Arun Dev Choudhury

Writ Petition (Civil)body2025

Judgment text

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Page No.# 1/3 GAHC010064812025 2025:GAU-AS:6515 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2152/2025 MOSTAFIZUR RAHMAN S/O LT MAZIBUR RAHMAN PERMANENT R/O VILL MUSALMAN PARA PO GOLAKGANJ PIN 783334 DIST DHBRI ASSAM VERSUS THE UNION OF INDIA AND ORS REP BY THE SECRETARY TO THE GOVT OF INDIA MINISTRY OF ROAD TRANSPORT AND HIGHWAY TARNSPORT BHAWAN 1 PARLIAMENT STREET NEW DELHI 110001 2:THE STATE OF ASSAM REP BY THE COMMISSONER AND SECRETARY TO THE GOVT OF ASSAM REVENUE AND DISASTER MANAGEMENT LR DEPTT DISPUR GUWAHATI 781006 3:THE DISTRICT COMMISSIONER CUM COLLECTOR DHUBRI DIST DHUBRI ASSAM 4:THE ADDITIONAL DISTRICT COMMISSIONER CUM COMPETENT AUTHORITY LAND ACQUSITION BRANCH DEPUTY COMMISSIONER OFFICE DHUBRI DIST DHUBRI ASSAM 5:THE CIRCLE OFFICER GOLAKGANJ REVENUE CIRCLE PO AND PS GOLAKGANJ DIST DHUBRI ASSAM 6:THE NATIONAL HIGHWAYS AUTHORITY OF INDIA (NHAI) MINISTRY OF ROAD TRANSPORT AND HIGHWAY GOVT OF INDIA A COMPANY HAVING ITS REGISTERED OFFICE AT G 5 AND 6 SECTOR 10 DWARKA NEW DELHI 110075 AND REGIONAL OFFICE AT NEDFI HOUSE 4 Page No.# 2/3 THD FLOOR GS ROAD DISPUR GUWAHATI 6 ASSAM AND ITS REP BY ITS CHARIMAN 7:THE NATIONAL HIGHWAYS AND INFRASTRUCTURE DEVELOPMENT CORPORATION LTD (NHIDCL) HAVING ITS OFFCE AND PRINCIPAL PLACE OF BUSINESS AT 3RD FLOOR PTI BUILDING 4 PARLIAMENT STREET NEW DELHI 110001 AND HAVIBG IST BRANCH OFFICE AT PUM DHUBRI G T B ROAD OPPO BHOOTNATH TEMPLE DHUBRI 783324 ASSAM AND IS REP BY ITS GENERAL MANAGE Advocate for the Petitioner : MR. SURAJIT DAS, A S CHOUDHURY,MR A W AMAN,MR SARFRAZ NAWAZ Advocate for the Respondent : SC, REVENUE, DY.S.G.I.,MR. S.S. ROY, GA, ASSAM BEFORE HON’BLE MR. JUSTICE ARUN DEV CHOUDHURY ORDER 23.05.2025 1. Heard Mr. S. Das, learned counsel for the petitioner and Ms. R. Devi, learned CGC for the respondent No. 1. Also heard Ms. G. Hazarika, learned Standing counsel, Revenue Department for the respondent No. 2, Mr. S.S.Roy, learned State counsel representing the respondent Nos. 3 to 5, Ms. R. Borah, learned counsel for the respondent Nos. 6 & 7. 2. The grievance of the petitioner is that while acquiring the land of the petitioner, houses standing thereon were not assessed and no payment was made. Accordingly, he approached before the Competent Authority, who called for a report from the concerned Circle Officer. The Competent Authority heard the matter on 07.10.2023. However, till date, no determination has been made in this regard. 3. Mr. S.S.Roy, learned State counsel, as per direction of this Court’s order dated 13.05.2025, has produced his instruction, which goes to show that the grievance raised by the petitioner, has been rejected by the Competent Authority Land Acquisition, Dhubri under its order dated 07.10.2023. Page No.# 3/3 4. In view of the aforesaid, the learned counsel for the petitioner submits that the instant writ petition may be allowed to be withdrawn with a liberty to approach the appropriate forum for redressal of his grievances. 5. Prayer stands allowed. Accordingly, the writ petition stands closed with a liberty as prayed for. 6. A copy of the aforesaid instruction be furnished to the learned counsel for the petitioner by the State counsel and also be kept on record. JUDGE Comparing Assistant