SHANKAR PRASAD BANIK Vs. COLLECTOR KARIMGANJ

JUDGEMENT

(1.) The writ petitioners have assailed the order of the Govt. dated 11-12-85 issued under Section 4 of the Land Acquisition Act, 1894, for short the Act, vide Annexure-1 and also the order of the State Govt. dated 9/01/1987 passed by the Govt. in the Revenue Department rejecting the appeal of the writ petitioners filed under Section 15A of the Act. The said order is at Annexure-4.

(2.) By notification dated 11/12/1985 issued under S. 4 of the Act, the Govt. notified that a plot of land measuring 19 kathas 7 chotaks in Dags Nos and Khatians Nos. given in the said notification was likely to be needed for construction of a godown for Karimgani Wholesale Co-operative Stores Ltd., Karimganj. There was an enquiry under Section 5A of the Act and a report was submitted by the Collector. It may be stated that writ petitioners also filed objections before the Collector vide Annexure-A12. Being aggrieved by the report of the Collector, Karimganj district, a petition was filed under Section 15A of the Act before the State Govt. which as stated above was dismissed by the impugned order dated 9-1-87.

(3.) Heard Mr. N. M. Lahiri, learned Sr. Advocate for the writ petitioners and Mr. A. K. Goswami, learned Govt. Advocate.