Disposed

Fakhre Alam and 65 Ors. v. the State of Assam and 4 Ors.

Gauhati HC5 Aug 2024WP(C)/3410/2024

Case brief

AI extract

What is this about?

Petitioners running businesses on land notified as encroached Government land challenged Rule 18(2) eviction notices in a writ petition. The Court declined to entertain it, directing them to raise bonafide claims of right before the issuing Revenue Authority within 15 days, with interim protection from coercive action.

What did the court decide?

Liberty to file representations within 15 days before the Revenue Authority; no coercive action till disposal; authority to consider bonafide claim of right.

Fakhre Alam and 65 Ors. Vs the State of Assam and 4 Ors. — Landlord and Tenant | Gauhati HC (2024)

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GAHC010138522024

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

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Case No. : WP(C)/3410/2024

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FAKHRE ALAM AND 65 ORS S/O LT. AKHTAR ALAM RESIDENT OFT.A. ROAD KUMARPARA GUWAHATI. DIST- KAMRUP (M) ASSAM. PIN- 781001.

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2: MD. SHAFI ALAM S/O LT. HADISH MIYA RESIDENT OFHOUSE NO. 33 ALUGODAM GALI ATHGAON GUWAHATI DIST- KAMRUP (M) ASSAM.

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3: ABDUL KUADIR S/O MD. SAFI ALAM RESIDENT OFHOUSE NO. 33 ALUGODAM GALI ATHGAON GUWAHATI DIST- KAMRUP (M) ASSAM. PIN- 781001.

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4: ISRAYAL ANSARI @ ISRAYAL S/O LT. MD. HARUNI RESIDENT OFHOUSE NO. 33

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ALUGODAM GALI ATHGAON GUWAHATI DIST- KAMRUP (M) ASSAM. PIN- 781001. 5: ASHFAQUE KHAN S/O LT. MD. RAFI KHAN RESIDENT OF- HOUSE NO. 33 ALUGODAM GALI ATHGAON GUWAHATI DIST- KAMRUP (M) ASSAM. PIN- 781001.

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6: SADRE ALAM KHAN S/O AMIRULLAH KHAN RESIDENT OF- HOUSE NO. 33 ALUGODAM GALI ATHGAON GUWAHATI DIST- KAMRUP (M) ASSAM. PIN- 781001.

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7: ABUZAR KHAN S/O LT. NIYAJ AHMED KHAN RESIDENT OF- HOUSE NO. 33 ALUGODAM GALI ATHGAON GUWAHATI DIST- KAMRUP (M) ASSAM. PIN- 781001. 8: MASAAD ALI ANSARI S/O LT. KHAN MOHAMMAD RESIDENT OF- F.A. ROAD KUMARPARA GUWAHATI-01. 9: KHALID ANSARI S/O LT. KHAN MOHAMMAD RESIDENT OF- F.A. ROAD KUMARPARA GUWAHATI-01.

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10: SARIFUDDIN KHAN S/O LATE NIYAMUL KHAN RESIDENT OF- N.S. ROAD FATASHIL GUWAHATI-01.

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11: MD. HUSSAIN TAGALA S/O LT. ABDUL RAZAK RESIDENT OF-F.A. ROAD KUMARPARA GUWAHATI-01.

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12: ERSHAD TAGALA S/O LT. LUKMAN HUSSAIN RESIDENT OF- F.A. ROAD KUMARPARA GUWAHATI-01.

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13: INAMUDDIN TAGALA S/O LT. ABDUL RAZAK RESIDENT OF- F.A. ROAD KUMARPARA GUWAHATI-01.

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14: SAMSUL HUDA KHAN S/O LT. MUSTAFA KHAN RESIDENT OF-N.S. ROAD FATSHIL GUWAHATI-01.

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15: MD. JAHRUDDIN S/O LT. HALIM SHEIKH RESIDENT OF- A.T. ROAD ATHGAON GUWAHATI-01.

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16: SIRAJ ANSARI @ SIRAJ AHMED LT. SALIM ANSARI RESIDENT OF N.S. ROAD FATASHIL GUWAHATI-01.

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17: JAMAL KHAN S/O ABDULLAH KHAN RESIDENT OF-N.S. ROAD FATASHIL GUWAHATI-01.

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18: IRFAN ANSARI S/O LATE YEASIN ANSARI RESIDENT OF- F.A. ROAD MACHKHOWA GUWAHATI-01.

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19: BASHIR AHMED @ BASHIR S/O LT. MAINA MIYA RESIDENT OF- N.S. ROAD FATASHIL GUWAHATI-01.

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20: YUNUSH SIDDIQUE S/O LATE ALTAF HUSSAIN RESIDENT OF- N.S. ROAD FATASHIL GUWAHATI- 01.

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21: NOOR ALAM S/O LT. MD. ISLAM RESIDENT OF -N.S. ROAD FATASHIL GUWAHATI-01.

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22: SAMSUDDIN TAGALA S/O LT. ABDUL RAZAK RESIDENT OF- F.A. ROAD KUMARPARA GUWAHATI-01.

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23: FARUK RAHMAN S/O LT. HABIBUR RAHMAN RESIDENT OF- SANTIPUR BHARALUMUKH GUWAHATI-09.

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24: IMRAN HUSSAIN S/O LT. MANSOOR ALI RESIDENT OF- ATHGAON GUWAHATI-08.

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25: SHOAIB ALAM S/O LT. USMAN AZAD RESIDENT OF- MACHKHOWA GUWAHATI-09.

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26: MD. MUSLIM

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S/O LT. BUDHAN RESIDENT OFSATI JAYMATI ROAD BHARALUMUKH GUWAHATI.

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27: FARID ALI S/O LT. IRSHAD ALI RESIDENT OF- KOTABARI GORCHUK GUWAHATI-35. 28: ABDUL AZIZ S/O LT. UNUS ALI RESIDENT OF- SARABHATTI P.S. PALTANBAZAR GUWAHATI-16.

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29: NEKIBUR RAHMAN S/O LT. BOGA AHMED RESIDENT OF- ATHGAON P.S. BHARALUMUKH GUWAHATI-08

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30: MD. SALIM S/O LT. NEYAMAT ALI RESIDENT OF- CHABIPOOL BILPAR P.S. PALTANBAZAR GUWAHATI-08.

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31: ABDUS SALAM CHOUDHURY S/O IRSHAD CHOUDHURY RESIDENT OF- REHABARI P.S. PALTANBAZAR GUWAHATI-08

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32: SARFUDDIN ANSARI S/O IRSHAD RESIDENT OF DHIRENPARA P.S. AMBARI FATASIL GUWAHATI-25.

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33: SABIR AHMED S/O MD. SALIM RESIDENT OF- CHABIPOOL BILPAR GUWAHATI-08.

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34: IFTEKAR RAHMAN

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S/O FARUK RAHMAN RESIDENT OF- SANTIPUR BHARALUMUKH GUWAHATI-09.

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35: RAHIM ALI S/O LT. NABI ALI RESIDENT OF- BAREGAON KAMALPUR GUWAHATI-01.

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36: RABEE HUSSAIN S/O LT. AFTAB HUSSAIN RESIDENT OF- BIRUBARI GOPINATH NAGAR GUWAHATI-16.

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37: ABDUL MOIZ S/O LT. ABDUL MAJID RESIDENT OF- KATABARI GORCHUK GUWAHATI-35.

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38: MD. KUDDUS S/O LT. SUBEJAN RESIDENT OF- HATIGAON P.S. HATIGAON GUWAHATI-38.

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39: GULAM HASAN S/O LT. GULAMRASSOL RESIDENT OF - KATABARI GORCHUK GUWAHATI-35.

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40: MD. ARIF S/O LATE AKTARALAM RESIDENT OF- MACHKHOWA BHARALUMUKH GUWAHATI-01

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41: ABDUL QUADIR S/O LT. WALI MOHAMMAD RESIDENT OF- DATALPARA MILANNAGAR PATH GUWAHATI-25

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42: NIZAM UDDIN @ NIZAM UDDIN ANSARI

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S/O RAJ MOHAMMAD RESIDENT OF- ATHGAON P.S. BHARALUMUKH GUWAHATI-08

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43: MD. ATHA S/O LT. MD. IDRISH RESIDENT OF ATHGAON P.S. BHARALUMUKH GUWAHATI-08

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44: SHAKILA KHATOON W/O LT. HAROON KHAN RESIDENT OF- ATHGAON P.S. BHARALUMUKH GUWAHATI-08

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45: MAHBOOB ALAM S/O LT. MISRALLI MIYA RESIDENT OF- ATHGAON P.S. BHARALUMUKH GUWAHATI-08

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46: MD. MEHFUZ ALAM S/O LT. HAROON KHAN RESIDENT OF- ATHGAON P.S. BHARALUMUKH GUWAHATI-08

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47: FIDA HUSSAIN S/O LT. SURJAN ALI RESIDENT OF - ATHGAON P.S. BHARALUMUKH GUWAHATI-08

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48: RAJUDDIN KHAN @ RAJU KHAN S/O LT. AKTAR KHAN RESIDENT OF- ATHGAON P.S. BHARALUMUKH GUWAHATI-08

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49: ZINNAT KHAN @ ZINAT KHAN S/O LT. HAMID KHAN RESIDENT OF- KATABARI P.S. GORCHUK GUWAHATI-35.

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50: ANSAR AHMED

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S/O AHMED HUSSAIN RESIDENT OF- ATHGAON P.S. BHARALUMUKH GUWAHATI-08

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51: MANSUR ALAM S/O LT. AHMED HUSSAIN RESIDENT OF- ATHGAON P.S. BHARALUMUKH GUWAHATI-08

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52: IMRAN KHAN S/O LT. SAIMULLA KHAN RESIDENT OF- DHIRENPARA P.S. AMBARI FATASIL

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GUWAHATI ASSAM.

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53: IBRAHIM NIRBAN S/O LT. ALADEIN NIRBAN RESIDENT OF- AMBARI FATASIL GUWAHATI-25.

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54: MD. MUSTAKIM S/O LT. BUDHAN RESIDENT OF- ATHGAON P.S. BHARALUMUKH GUWAHATI-08

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55: MD. ATAUR RAHMAN S/O LT. HAFAZUDDIN AHMED RESIDENT OF- OSHIRAM RABHA PATH BIRUBARI GUWAHATI-16

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56: WAHID MALIK S/O LT. ABUL KALAM AZAD RESIDENT OF- BIRUBARI GUWAHATI-16.

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57: HADISH ANSARI S/O LT. SAHADUL MIYA RESIDENT OF N.S ROAD CHABIPOOL GUWAHATI-08

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58: MULTAN ANSARI

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S/O- LT. MAHARAM MIYA N.S.ROAD FATASIL GUWAHATI. 59: MULAZIM ANSARY LT. HABIB ANSARI RESIDENT OF N.S. ROAD FATASIL GUWAHATI ASSAM 60: JALIL ANSARI S/O KHEDARU ANSARI RESIDENT OF N.S. ROAD FATASIL GUWAHATI 61: SALIM SHEIKH S/O LT. BOXULLA SHEIKH RESIDENT OF N.S. ROAD FATASIL GUWAHATI 62: IMRAN ALI N.S.ROAD CHABIPOOL GUWAHATI.

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63: RAJA HUSSAIN RESIDENT OF N.S. ROAD BISHNUPUR GUWAHATI.

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64: JAYNUL ABEDIN KHAN S/O LT. MUSTAFA KHAN RESIDENT OF- N.S. ROAD FATASIL GUWAHATI.

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65: ASHADUL KHOIRI S/O LT. KHAN MOHAMMAD RESIDENT OF- F.A. ROAD KUMARPARA GUWAHATI.

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66: KHURSED ALI S/O LT. MUZAMIL ALI RESIDENT OF - ULUBARI BORTHAKUR MILL

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GUWAHATI. VERSUS

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THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM

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REVENUE AND DISASTER MANAGEMENT

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SETTLEMENT BRANCH ASSAM DISPUR GUWAHATI-6. 2:THE PUBLIC LAND PROTECTION COMMITTEE REPRESENTED BY THE DISTRICT COMMISSIONER KAMRUP METROPOLITAN DISTRICT HENGRABARI GUWAHATI- 36. 3:THE DISTRICT COMMISSIONER KAMRUP METROPOLITAN DISTRICT HENGRABARI GUWAHATI-36. 4:THE CIRCLE OFFICER GUWAHATI REVENUE CIRCLE ULUBARI GUWAHATI-07.

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5:THE GUWAHATI KABARSTHAN COMMITTEE A REGISTERED SOCIETY UNDER THE SOCIETIES REGISTRATION ACT 1960

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HAVING ITS PRINCIPAL OFFICE AT GUWAHATI KABARSTHAN CAMPUS

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ATHGAON GUWAHATI- 781008 DISTRICT- KAMRUP(M) ASSAM REPRESENTED BY ITS PRESIDENT. -----------For the Petitioner(s) : Mr. P. K. Roychoudhury, Advocate : Mr. A. K. Azad, Advocate

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For the Respondent(s) : Mr. A. Bhattacharjee, SC, Revenue : Mr. J. Handique, Government Advocate : Mr. P. Nayak, SC, GMC

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BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH

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ORDER

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Date : 06.08.2024

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Heard Mr. P. K. Roychoudhury, the learned counsel appearing on behalf of the Petitioners and Mr. A. Bhattacharjee, the learned Standing Counsel appearing on behalf of the Revenue Department. I have also heard Mr. J. Handique, the learned Government Advocate appearing on behalf of the Respondent Nos. 2, 3 and 4.

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There is a dispute amongst the two counsels i.e. Mr. J. Kalita and Mr. A. Dhar, as to who would represent the Respondent No.5. However, this Court would not like to go into the said dispute taking into account the lis involved.

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It is seen that the Petitioners herein claimed to be tenants under the Respondent No.5 and are running various business establishments in the said land. However, pursuant to the meeting held on 11.03.2024, certain notices have been issued to all the Petitioners which have been enclosed collectively as Annexure-12 (series) to the writ petition.

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This Court has duly perused the said notices whereby the Petitioners were informed that they have encroached the Government land covered by Dag Nos. 2143, 2144 and 1984 under Mouza Guwahati, Sahar Guwahati Part-1 by running business/constructing shop. Vide the

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respective notices, the Petitioners were therefore directed to vacate the land within 15 days from the date of receipt of the notice. It was also directed that in the circumstances, the Petitioners do not vacate, action would be taken under Rule 18(2) of the Settlement Rules under the Land and Revenue Regulations, 1886. The Petitioners thereupon have approached this Court by filing the instant writ petition.

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The basic ground on which the instant writ petition has been filed is that the Petitioners are the tenants under the Respondent No.5 and as such they cannot be evicted in the manner which is being sought to be done by the Revenue Authorities. This Court has also taken note of the recent judgment of the Division Bench of this Court in the case of Md. Salak Uddin Vs. State of Assam and Others reported in (2024) SCC OnLine SC GAU 921 wherein the Division Bench of this Court held that the person to whom a notice is issued under Rule 18(2) of the Settlement Rules under the Land and Revenue Regulations, 1886 would have a right to place before the Revenue Authorities that they have a bonafide claim of right involved. This Court is of the opinion that the Petitioners herein instead of approaching this Court by filing the instant writ petition ought to have approached the concerned Revenue Authority who had issued the notices and thereby representing that they have a bonafide claim of right involved. Under such circumstances, this Court is not inclined to entertain the instant writ petition. This Court grants 15 days time from today to the Petitioners to submit their respective representations before the Authority who issued the notices which have been impugned in the instant proceedings. The concerned Respondent Authorities upon submission of the respective representations shall duly consider the same

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as to whether the person submitting the representations have a bonafide claim of right involved. The Respondent Authorities further shall take note of the observations so made by the Division Bench of this Court in the case of Md. Salak Uddin (supra) more particularly to the observations made at paragraph Nos. 29, 30 and 31.

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This Court also directs that till such disposal by the concerned Revenue Authorities, no coercive action shall be taken against the Petitioner(s) who submit their representations as per the liberty given herein.

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Before parting with the records, this Court finds it relevant to observe that the power to be exercised by the Revenue Authorities under Rule 18 of the Settlement Rules is only permissible if the land is a Government land. The Petitioners are at liberty to take the ground, if the land under their occupation are not Government lands.

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With above observations and directions, the instant petition stands disposed of.

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JUDGE

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Comparing Assistant

Fakhre Alam and 65 Ors. v. the State of Assam and 4 Ors.

Case brief

What is this about?

What did the court decide?

Fakhre Alam and 65 Ors. v. the State of Assam and 4 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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