SEKHAR DUTTA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Ms. B. Devi, learned counsel for the appellant. Also heard Mr. D. Mazumder, learned Addl. Advocate General, Assam for the State and Ms. N. Bordoloi, learned Standing Counsel, Revenue Department for the respondents.

(2.) This writ appeal is preferred by the appellant being aggrieved by the order dtd. 25/8/2017 passed by the learned Single Judge in W.P(C) No. 1866/2014 whereby the learned Single Judge held that in view of the denial by the respondent No. 4, namely Deputy Commissioner, Cachar, the claim of the petitioner that the possession of the land in question belonging to the petitioner was handed over to the respondent authorities. The learned Single Judge also held that as disputed questions of facts are involved, declined to invoke the writ jurisdiction and accordingly, disposed of the writ petition with a direction to the petitioner to raise his entitlement before the appropriate forum, if any. Aggrieved by the said findings of the learned Single Judge, this writ appeal is presented by the appellant on the following grounds.

(3.) The appellant claimed to be the Power of Attorney holder of the owners of plots of land situated in Village: Indragarh Block, Srikona, Porgona Chatla Haor in the district of Cachar, Assam. It is contended that by way of a Notification No. RLA.40/2009/12 dtd. 8/4/2009, the Government of Assam notified the land measuring 2121 Bighas 0 Kathas 8 Chataks situated at Village Indragarh Block Srikona, Porgona Chatla Haor in the district of Cachar, Assam to be required for public purposed namely, for construction of Indian Army Campus at Srikona.