Gauhati High Court
Page No. 1/3 vs Sri Ramakrishna Das And 5 Ors on 16 August, 2021
Page No. 1/3
GAHC010040352020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/995/2020
SRI RASARAJ DAS AND ANR
B.D.O.
RAMKRISHNANAGAR DEVELOPMENT BLOCK
P.O. RAMKRISHNANAGAR
DIST. KARIMGANJ
ASSAM.
2: SRI RANA SUTRADHAR
S/O LATE TEJENDRA SUTRADHAR
R/O RAMKRISHNANAGAR
THE PRESIDENT OF THE RAMKRISHNANAGAR ANCHALIK PANCHAYAT
P.O. RAMKRISHNANAGAR
DIST. KARIMGANJ
ASSAM.
VERSUS
SRI RAMAKRISHNA DAS AND 5 ORS
S/O LATE SUSHIL KUMAR DAS
R/O VIVEKANANDA PALLI NO.2 OF RAMKRISHNANAGAR
DIST. KARIMGANJ
ASSAM.
2:THE BLOCK DEVELOPMENT OFFICER
OF THE RAMKRISHNANAGAR DEVELOPMENT BLOCK
P.O. AND P.S. RAMKRISHNANAGAR
DIST. KARIMGANJ
ASSAM.
3:THE RAMKRISHNAGAR ANCHALIK PANCHAYAT
TO BE REPRESENTED BY ITS PRESIDENT/EXECUTIVE OFFICER
OFFICE AT RAMKRISHNANAGAR
P.O. RAMKRISHNANAGR
DIST. KARIMGANJ
ASSAM.
Page No. 2/3
4:THE STATE OF ASSAM
NOTICE TO BE SERVED ON THE G.P. KARIMGANJ
P.O.
P.S. AND DIST. KARIMGANJ
ASSAM
5:THE PRESIDENT
RAMKRISHNANAGAR MERCHANT ASSOCIATION AT RAMKRISHNANAGAR
P.O. RAMKRISHNANAGAR
DIST. KARIMGANJ
ASSAM.
6:THE O/C RAMKRISHNANAGAR
DIST. KARIMGANJ
ASSAM.
Advocate for : MR. P S DEKA
Advocate for : SR. GA
ASSAM appearing for SRI RAMAKRISHNA DAS AND 5 ORS
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
Date : 16.08.2021
The Court proceedings have been conducted through online court
proceeding services.
Heard Mr. B.K. Bhagawati, learned counsel for the applicants-appellants
and Mr. M. Nath, learned Standing Counsel, Panchayat and Rural Development
(P&RD) Department for the opposite party nos. 2 & 3. Also heard Ms. U. Das,
learned Additional Senior Government Advocate for the opposite nos. 4 & 6.
This application has been preferred under Order 41 Rule 5 read with
Section 151, Code of Civil Procedure, 1908 (CPC) praying for stay/suspension of
the operation of the impugned judgment dated 19.11.2019 and decree dated
25.11.2019.
Page No. 3/3
The connected appeal, RSA 68/2020 has already been admitted for
hearing. It is submitted by Mr. Bhagawati that the plaintiff sought to install a
generator set in a market complex belonging to the Ramkrishnanagar Anchalik
Panchayat, on the request of some shopkeepers of the said market complex
who were allegedly represented through the opposite party no. 5. The
applicant-appellant no. 1 was the Executive Officer of Ramkrishnanagar Anchalik
Panchayat at the relevant point of time. The applicant-appellant no. 2 was the
President of Ramkrishnanagar Anchalik Panchayat at the relevant point of time.
As the market complex belongs to the Anchalik Panchayat, the permission to
install the generator set was refused to the plaintiff-opposite party no. 1 by the
applicants-appellants. Seeking compensation, apart from a declaration that the
Executive Officer and the President of the Anchalik Panchayat did not have any
authority to refuse permission to install the generator set in the market
complex, the suit was filed.
Considering the above fact situation projected by the applicants-
appellants, it is directed that the operation of the impugned judgment dated
19.11.2019 and decree dated 25.11.2019 passed in Title Appeal no. 30/2018
passed by the learned trial court of Civil Judge, Karimganj and shall remain
stayed till disposal of the connected second appeal, RSA 68/2020.
The interlocutory application stands disposed of.
JUDGE
Comparing Assistant
