MANJUL ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A.T. Sarkar, the learned counsel appearing on behalf of the Appellants. Mr. R. Borpujari, the learned Standing Counsel appears on behalf of the Revenue Department, Government of Assam and Mr. D. Nath, the learned Senior Government Advocate, Government of Assam appears on behalf of the Deputy Commissioner/District Collector.

(2.) The instant appeal is filed under Sec. 54 of the Land Acquisition Act, 1894 (for short, "the Act of 1894") challenging the judgment and order dtd. 25/8/2023 passed by the Court of the learned Additional District Judge, Dhubri (hereinafter referred to as, "the learned Reference Court") whereby the Reference proceedings being L.A. Case No. 102/2017 which arises out of L.A. Case No. 1/2005-2006, Award No. 25 was dismissed on 2 (two) technical grounds. First, on the ground that the Reference proceeding was barred by limitation and secondly on the ground that the Respondent No. 1 herein which is the Revenue and Disaster Management Department, Government of Assam was not arrayed as a party to the Reference proceedings

(3.) Taking into account that on the above two preliminary grounds the Reference proceeding was dismissed, this Court has taken up this appeal for disposal at the stage of "Admission" with the consent of both the parties.