Divisional Manager (Area Manager ) Food ... vs Shri Altaf Hussain @ Altafur Rahman And 5 ...
2024 Latest Caselaw 4107 Gua

Gauhati High Court

Divisional Manager (Area Manager ) Food ... vs Shri Altaf Hussain @ Altafur Rahman And 5 ... on 10 June, 2024

Author: Sanjay Kumar Medhi

Bench: Sanjay Kumar Medhi

                                                                    Page No.# 1/3

GAHC010084212020




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

                            Case No. : RSA/87/2024

         DIVISIONAL MANAGER (AREA MANAGER ) FOOD CORPORATION OF
         INDIA
         DISTRICT OFFICE SILCHAR, P.O, P.S - SILCHAR, DIST- CACHAR, ASSAM



         VERSUS

         SHRI ALTAF HUSSAIN @ ALTAFUR RAHMAN AND 5 ORS
         S/O- LATE ABDUL LATIF, PERMANENT R/O- VILL- KABOL, P.O-
         DUTTAGRAM, NILAM BAZAR, DIST- KARIMGANJ, ASSAM, PRESENT R/O-
         VILL- FARAMPASHA (KANAKPUR ROAD), P.O, P.S NILAMBAZAR, DIST-
         KARIMGANJ, ASSAM

         2:THE STATE OF ASSAM
          REP. BY THE REVENUE DEPTT
          DISPUR
          GUWAHATI- 05

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

         4:LAND ACQUISITION OFFICER
          KARIMGANJ
          P.O
          P.S
         AND DIST- KARIMGANJ
         ASSAM

         5:SHRI ASAD UDDIN KHAN
          S/O- LATE HAJI KUTOL MIA
                                                                      Page No.# 2/3

             OF MAIN ROAD
             NILAM BAZAR (IN FRONT OF NATIONAL ACADEMY
             NILAMBAZAR
             P.O
             P.S AND P.S- NILAMBAZAR
             DIST- KARIMGANJ

            6:ABDUL BASIT
             S/O- LATE ABDUL LATIF
             PERMANENT R/O- VILL- KABOL
             P.O- DUTTAGRAM
             NILAMBAZAR
             DIST- KARIMGANJ
            ASSA

Advocate for the Petitioner   : MR B K SINGH

Advocate for the Respondent : GA, ASSAM




                                   BEFORE
                  HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

                                          ORDER

10-06-2024 Heard Shri B. K. Singh, learned counsel for the appellant, who by means of this appeal preferred under Section 100 of the CPC has put to challenge a judgment and decree dated 16.11.2019 passed by the Civil Judge, Karimganj in Title Appeal No. 32/2018 allowing the appeal filed by the appellant/plaintiff by setting aside the judgment and decree dated 27.06.2018 passed by the Munsiff No. 1, Karimganj in Title Suit No. 290/2013. It is submitted that the suit land in question was the subject matter of an acquisition proceeding pertaining to LA Case No. 1/2012-13 (RLA) 312/2012/9 dated 27.09.2013 which is not disputed and therefore there was a clear bar in Section 63 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 . It is also Page No.# 3/3

submitted that the aforesaid aspect was rightly appreciated by the Trial Court and without there being any discussion on that issue, the suit has been decreed by the First Appellate Court.

Admit on the following substantial question of law:-

"Whether the suit is maintainable in view of the bar under Section 63 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013?"

This Court may frame any other substantial questions of law at the time of hearing with notice to the respective parties.

Call for the records.

Let Shri K. K. Bhattacharya, learned State Counsel accepts notice on behalf of respondent nos. 2, 3 & 4.

Let extra copies of the memo of appeal along with the enclosures be served upon him within 2 (two) days.

Let steps be taken for service of notice upon the respondent nos. 1, 5 & 6 by usual process.

Steps within 3 (three) days.

List this matter after 6 (six) weeks along with the service report.

JUDGE

Comparing Assistant