Page No.# 1/3 vs Abdul Sukkur And 7 Ors
2021 Latest Caselaw 2708 Gua

                                                                    Page No.# 1/3

GAHC010150842021




                       THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                            Case No. : RSA/101/2021

         THE STATE OF ASSAM AND 3 ORS.
         REPRESENTED BY THE COMMISSIONER AND SECRETARY REVENUE AND
         DISASTER MANAGEMENT GOVERNMENT OF ASSAM

         2: THE DEPUTY COMMISSIONER
          KARIMGANJ
          P.O AND P.S. AND DIST-KARIMGANJ

         3: CIRCLE OFFICER
          KARIMGANJ
          P.O. AND P.S. AND DIST-KARIMGANJ

         4: LAND ACQUISITION OFFICER
          OFFICE OF THE DEPUTY COMMISSIONER
          KARIMGANJ
          P.O. AND P.S. AND DIST-KARIMGAN

         VERSUS

         ABDUL SUKKUR AND 7 ORS.
         S/O LATE MONTAJ ALI, R/O VILL AND P.O.-KURIKHALA, P.S. AND DIST-
         KARIMGANJ, ASSAM

         2:ON THE DEATH OF MD. MOINUL HAQUE
          HIS LEGAL HEIRS

         2.1:SULTAN BEGUM
         W/O LATE MOINUL HAQUE
          R/O VILL AND P.O.-KURIKHALA
          P.S. AND DIST-KARIMGANJ
         ASSAM

         2.2:JUBAIR AHMED
          (MINOR)
                                                      Page No.# 2/3

             S/O LATE MOINUL HAQUE
             R/O VILL AND P.O.-KURIKHALA
             P.S. AND DIST-KARIMGANJ
             ASSAM (REPRESENTED BY RESPONDENT 2.1)

            2.3:RAHIMA SULTANA
             (MINOR)
             D/O LATE MOINUL HAQUE
             R/O VILL AND P.O.-KURIKHALA
             P.S. AND DIST-KARIMGANJ
            ASSAM (REPRESENTED BY RESPONDENT 2.1)

            3:NAZRUL ISLAM
             S/O LATE SIVAJUL HAQUE
             R/O VILL AND P.O.-KURIKHALA
             P.S. AND DIST-KARIMGANJ
            ASSAM

            4:MD. MOINUL HAQUE
             S/O LATE SIVAJUL HAQUE
             R/O VILL AND P.O.-KURIKHALA
             P.S. AND DIST-KARIMGANJ
            ASSAM

            5:NUZRUL HAQUE
             S/O LATE SIVAJUL HAQUE
             R/O VILL AND P.O.-KURIKHALA
             P.S. AND DIST-KARIMGANJ
            ASSAM

            6:THE UNION OF INDIA
             MINISTER OF HOME AFFAIRS
             NEW DELHI-1

            7:SECRETARY TO THE UNION OF INDIA
             MINISTRY OF HOME AFFAIRS
             NEW DELHI-1

            8:COMMANDANT 115 BN
             B.S.F.
             MAIZDIHI KARIMGANJ TOWN
             P.O. AND P.S. AND DIST- KARIMGANJ
            ASSA

Advocate for the Petitioner   : GA, ASSAM

Advocate for the Respondent :
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                                    BEFORE
                     HONOURABLE MR. JUSTICE DEVASHIS BARUAH

                                            ORDER

Date : 08/11/2021

Heard Mr. P.S. Deka, the learned Senior Govt. Advocate, who appears for the appellants.

Issue notice returnable by 4 (four) weeks.

The instant appeal is admitted on the following substantial questions of law :-

Whether the learned First Appellate Court was justified in reversing the judgment and decree passed by the Trial Court dated 24/01/2019 in Title Suit No. 227/2013 without taking into consideration that the plaintiff had knowledge about the acquisition proceedings and having failed to file appropriate application, as envisaged under the respective Land Acquisition Acts, can challenge the acquisition proceedings subsequently by way of the suit ?

Call for the records.

The appellants shall take steps for service of notice on the respondents by way of registered post with A/D as well as by usual process.

The appellants would be at liberty to urge further substantial questions of law at the time of hearing.

List it after 4 (four) weeks.

JUDGE

Comparing Assistant