Azad Ali Vs the State of Assam and 7 Ors.

THE STATE OF ASSAM AND 7 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, REVENUE AND DISASTER MANAGEMENT DEPARTMENT, JANATA BHAWAN, ASSAM SECRETARIAT COMPLEX, DISPUR, GUWAHATI-781006.

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2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM PW DEPARTMENT (B) DISPUR GUWAHATI-781006. 3:THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM POWER DEPARTMENT DISPUR GUWAHATI-781006.

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4:THE ASSAM POWER DISTRIBUTION COMPANY LTD.

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REPRESENTED BY THE CHAIRMAN BIJULI BHAWAN PALTANBAZAR GUWAHATI-1.

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5:THE DISTRICT COMMISSIONER DHUBRI

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DIST. DHUBRI ASSAM 6:THE ADDL. DISTRICT COMMISSIONER DHUBRI DIST. DHUBRI ASSAM 7:THE EXECUTIVE ENGINEER PWD (B) DHUBRI DIST. DHUBRI ASSAM 8:THE CIRCLE OFFICER CHAPAR REVENUE CIRCLE CHAPAR DHUBRI ASSA

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Advocate for the Petitioner : MR. J AHMED, MS A HUSSAIN,R BEGUM,H G DAISY

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Advocate for the Respondent : GA, ASSAM, SC, APDCL,SC, PWD,SC, REVENUE

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Linked Case : WP(C)/5647/2025

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AMZAD ALI S/O LT. AHMED ALI R/O VILL- CHARUABAKHRA JONGAL BLOCK P.O.- CHIRAKUTA P.S.- CHAPAR DIST- DHUBRI ASSAM

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VERSUS

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THE STATE OF ASSAM AND 7 ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM REVENUE AND DISASTER MANAGEMENT DEPARTMENT JANATA BHAWAN (ASSAM SECRETARIAT COMPLEX) DISPUR

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GUWAHATI-781006 2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM PW DEPARTMENT (B) DISPUR GUWAHATI-781006 3:THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM POWER DEPARTMENT DISPUR GUWAHATI-781006 4:THE ASSAM POWER DISTRIBUTION COMPANY LTD. REPRESENTED BY THE CHAIRMAN BIJULI BHAWAN PALTANBAZAR GUWAHATI-1 5:THE DISTRICT COMMISSIONER DHUBRI DIST- DHUBRI ASSAM PIN6:THE ADDL. DISTRICT COMMISSIONER DHUBRI DIST- DHUBRI ASSAM PIN7:THE EXECUTIVE ENGINEER PWD (B) DHUBRI DIST- DHUBRI ASSAM PIN8:THE CIRCLE OFFICER CHAPAR REVENUE CIRCLE CHAPAR DHUBRI ASSAM PIN-----------Advocate for : MR. J AHMED Advocate for : SC REVENUE appearing for THE STATE OF ASSAM AND 7 ORS.

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Linked Case : WP(C)/5637/2025

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SHAHADOT ALI S/O- LATE SURMAN ALI

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R/O- VILL- CHARUABAKHRA JONGAL BLOCK P.O- CHIRAKUTA P.S- CHAPAR DIST- DHUBRI ASSAM

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VERSUS

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THE STATE OF ASSAM AND OTHRS REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM REVENUE AND DISASTER MANAGEMENT DEPARTMENT DISPUR GUWAHATI-781006 DIST- KAMRUP (M)

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2:THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM

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PWD DEPARTMENT DISPUR GUWAHATI-781006 DIST- KAMRUP (M) 3:THE PRINCIPAL SECRETARY TO THE GOVT OF ASSAM POWER DEPARTMENT DISPUR GUWAHATI-781006 DIST- KAMRUP (M) 4:THE ASSAM POWER DISTRIBUTION COMPANY LIMITED REP. BY THE CHAIRMAN BIJULI BHAWAN PALTANBAZAR GUWAHATI-01 5:THE DISTRICT COMMISSIONER DHUBRI ASSAM

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6:THE DISTRICT COMMISSIONER DHUBRI ASSAM 7:THE EXECUTIVE ENGINEER PWD (B) DHUBRI ASSAM 8:THE CIRCLE OFFICER CHAPAR REVENUE CIRCLE DHUBRI ASSAM -----------Advocate for : MR. J AHMED Advocate for : SC REVENUE appearing for THE STATE OF ASSAM AND OTHRS

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Linked Case : WP(C)/5648/2025 AZAD ALI S/O LT. JOSHIM UDDIN SHEIKH R/O VILL- CHARUABAKHRA JONGAL BLOCK P.O.- CHIRAKUTA P.S.- CHAPAR DIST- DHUBRI ASSAM VERSUS THE STATE OF ASSAM AND 7 ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM REVENUE AND DISASTER MANAGEMENT DEPARTMENT JANATA BHAWAN (ASSAM SECRETARIAT COMPLEX) DISPUR GUWAHATI-781006 2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM PW DEPARTMENT (B) DISPUR GUWAHATI-781006 3:THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM POWER DEPARTMENT

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DISPUR

GUWAHATI-781006

4:THE ASSAM POWER DISTRIBUTION COMPANY LTD. REPRESENTED BY THE CHAIRMAN BIJULI BHAWAN PALTANBAZAR GUWAHATI-1 5:THE DISTRICT COMMISSIONER DHUBRI DIST- DHUBRI ASSAM 6:THE ADDL. DISTRICT COMMISSIONER DHUBRI DIST- DHUBRI ASSAM 7:THE EXECUTIVE ENGINEER PWD (B) DHUBRI DIST- DHUBRI ASSAM 8:THE CIRCLE OFFICER CHAPAR REVENUE CIRCLE CHAPAR DHUBRI ASSAM PIN-----------Advocate for : MR. J AHMED Advocate for : SC REVENUE appearing for THE STATE OF ASSAM AND 7 ORS. Linked Case : WP(C)/5613/2025 LALCHAND ALI AND ANR S/O LT. CHURMAN ALI R/O VILL- CHARUABAKHRA JONGAL BLOCK P.O.- CHIRAKUTA P.S.- CHAPAR DIST- DHUBRI ASSAM

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2: RUPCHAND ALI S/O LT. CHURMAN ALI R/O VILL- CHARUABAKHRA JONGAL BLOCK P.O.- CHIRAKUTA P.S.- CHAPAR DIST- DHUBRI ASSAM VERSUS THE STATE OF ASSAM AND 7 ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM REVENUE AND DISASTER MANAGEMENT DEPARTMENT JANATA BHAWAN (ASSAM SECRETARIAT COMPLEX) DISPUR GUWAHATI-781006 2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM PW DEPARTMENT (B) DISPUR GUWAHATI-781006 3:THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM POWER DEPARTMENT DISPUR GUWAHATI-781006 4:THE ASSAM POWER DISTRIBUTION COMPANY LTD. REPRESENTED BY THE CHAIRMAN BIJULI BHAWAN PALTANBAZAR GUWAHATI-1 5:THE DISTRICT COMMISSIONER DHUBRI DIST- DHUBRI ASSAM PIN6:THE ADDL. DISTRICT COMMISSIONER DHUBRI DIST- DHUBRI ASSAM 7:THE EXECUTIVE ENGINEER PWD (B) DHUBRI DIST- DHUBRI

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ASSAM PIN8:THE CIRCLE OFFICER CHAPAR REVENUE CIRCLE CHAPAR DHUBRI ASSAM PIN-----------Advocate for : MR. J AHMED Advocate for : SC REVENUE appearing for THE STATE OF ASSAM AND 7 ORS.

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BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR

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ORDER

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Date : 16-03-2026

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Heard Mr. J. Ahmed, learned counsel for the writ petitioners. Also heard Ms. M. Barman, learned Govt. Advocate, Assam appearing for the respondent Nos. 3, 5, 6 & 8.

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Ms. Barman at the outset has raised a preliminary objection to the effect that the above noted writ petitions would not be maintainable in view of the efficacious alternative remedy available to the petitioner under the provisions of Section 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (in short “the Act of 2013”).

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Mr. Ahmed, learned counsel for the petitioners submits that the petitioners in W.P. (C) No. 5554/2025 and W.P.(C) No. 5613/2025 have not filed any application in the matter invoking the provision of Section 64 of the said Act of 2013. However, the petitioners in W.P.(C) No. 5637/2025, W.P.(C) No. 5647/2025 and W.P.(C) No. 5648/2025 have already

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filed requisite applications before the jurisdictional Collector. However, the respondent authorities after filing of the said appeal had again released to the petitioners certain further amounts. Accordingly, he prays that a fresh application, in the above noted writ petitions, would also be mandated to be so preferred.

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In view of the above, Mr. Ahmed, prays that the above noted writ petitions be permitted to be withdrawn with liberty to the petitioner to approach the jurisdictional Collector by way of filing individual applications under Section 64 of the Act of 2013. Mr. Ahmed further prays that this Court would be pleased to direct the respondent authorities to consider the same on its own merit.

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The prayer of the learned counsel for the petitioner is accepted.

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The writ petitions stand dismissed on withdrawal, however, with liberty reserved to the petitioners to file appropriate applications within a period of 15 (fifteen) days from today before the jurisdictional Collector, invoking the provisions of Section 64 of the Act of 2013.

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In the event of filing of such applications within 15 days from today, the Collector shall consider the same on its own merits and take appropriate action as provided under the provisions of Section 64 of the Act of 2013.

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JUDGE

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Azad Ali v. the State of Assam and 7 Ors.

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Azad Ali v. the State of Assam and 7 Ors.

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