KAMAL SARMA Vs. KABINDRA PRASAD SARMA AND 5 ORS
HIGH COURT OF GAUHATI
Kabindra Prasad Sarma And 5 Ors
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A M Bujor Barua, J. -
(1.) Heard Mr. J Deka, learned counsel for the appellant. Also heard Mr. MK Choudhury, learned Senior Counsel assisted by Mr. P Bharadwaj, learned counsel for the respondents No.1 and 2 and Mr. RKD Choudhury, learned Senior Government Advocate Assam for the respondents No.3, 4, 5 and 6.
(2.) The appellant being a Shebait, as well as the Chairman (Acting) of the Sri Sri Maa Kamakhya Debutter Board (as he was then) had preferred the WP(C) No.6498/2003 assailing the re-settlement undertaken by the Settlement Officer, Kamrup in respect of certain lands belonging to the deity Sri Sri Maa Kamakhya.
(3.) In paragraph 53 of the writ petition, it has been specifically pleaded that the petitioner being a Shebait and a member of the Board of Trustees have a right to prefer a writ application to protect the interest of the deity, Sri Sri Maa Kamakhya. According to the appellant, the entire endowment of the deity Sri Sri Maa Kamakhya comprises of not less than 31 thousand bighas of landed property which were recorded as La Kheraj land (Revenue Free Estate) by the erstwhile British Government under the Assam Land Revenue Regulation Act of 1886. According to the petitioner, the land of the deity Sri Sri Maa Kamakhya comprising of the Nilachal Hills, which includes the three hills of Bhubaneswari, Kamakhya and Borah, as well as Durgasarobar and other tracks of agricultural and fishery lands, spreading over the districts of Kamrup, Darrang, Nalbari, Barpeta etc.;
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