Dipu Kumar Das vs The Union Of India And 5 Ors
2021 Latest Caselaw 3071 Gua

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GAHC010199412021




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

                          Case No. : WP(C)/6252/2021

         DIPU KUMAR DAS
         S/O. SRI RATISH CHANDRA DAS, R/O. QUARTER NO. BAGESHREE-28 NRL
         TOWNSHIP P.O. NUMALIGARH REGINERY PROJECT P.S. GOLAGHAT, PIN-
         785699, DIST. GOLAGHAT, ASSAM.

         VERSUS

         THE UNION OF INDIA AND 5 ORS
         REP. BY ITS PRINCIPAL SECRETARY, MINISTRY OF PETROLEUM AND
         NATURAL GAS, GOVT. OF INDIA, NEW DELHI-01.

         2:THE NUMALIGARH REFINERY LTD.
          (A GOVT. OF INDIA ENTERPRISE)
          REP. BY ITS MANAGING DIRECTOR
          HAVING ITS REGD. OFFICE AT 122A G.S. ROAD
          CHRISTIAN BASTI
          GUWAHATI-781005.

         3:THE MANAGING DIRECTOR
          NUMALIGARH REFINERY LTD.
          122A GS ROAD
          CHRISTIAN BASTI
          GUWAHATI-781005.

         4:THE DIRECTOR (TECHNICAL)
          NUMALIGARH REFINERY LTD. DIST. GOLAGHAT
         ASSAM
          PIN-785699.

         5:THE SENIOR CHIEF GENERAL MANAGER (HR AND LEGAL)
          NUMALIGARH REGINERY LTD. P.O. NUMALIGARH REFINERY PROJECT
          DIST. GOLAGHAT
         ASSAM
          PIN-785699.
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            6:THE ESTATE OFFICER
             NUMALIGARH REFINERY LTD. P.O. NUMALIGARH REFINERY PROJECT
             DIST. GOLAGHAT
            ASSAM
             PIN-785699

Advocate for the Petitioner   : MR T H HAZARIKA

Advocate for the Respondent : ASSTT.S.G.I.


                                    BEFORE
                   HONOURABLE MR. JUSTICE MANISH CHOUDHURY

                                             ORDER

Date : 24.11.2021

Heard Mr. T.H. Hazarika, learned counsel for the petitioner and Mr. N. Deka, learned counsel appearing for the respondent nos. 2-5/caveators. Also heard Mr. K. Gogoi, learned Central Government Counsel for the respondent no. 1.

The petitioner herein is assailing a judgment dated 02.11.2021 passed by the District Judge, Golaghat in Misc. Appeal no. 01/2021 whereby the appeal preferred by the writ petitioner as the appellant under Section 5 of the Public Premises [Eviction of Unauthorized Documents] Act, 1971 has been dismissed. The said appeal was preferred against an eviction order dated 02.02.2021 passed by the Estate Officer, Numaligarh Refinery Limited [NRL] i.e. the respondent no. 6 under Section 5 of the Public Premises [Eviction of Unauthorized Documents] Act, 1971. The allegation against the petitioner is that the petitioner has not vacated a residential quarter allotted to him by the respondent NRL the allotment in respect of which was canceled on 14.04.2020.

Mr. Deka, learned counsel for the respondent NRL authorities has submitted that the notice for vacating the residential quarter was served upon the petitioner on 09.11.2021 directing him to vacate the quarter giving him 15 [fifteen] days time, after taking into consideration the request made by the petitioner on 03.11.2021 to grant him some time, making it clear that no further extension will be granted to the petitioner.

Let the case be listed on 29.11.2021.

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The writ petition will be considered on the next date of listing. Considering the fact that the petitioner has 2 [two] minor daughters, no coercive action will be taken regarding vacation of the residential quarter till 29.11.2021 which the petitioner is allegedly occupying in an unauthorized manner.

It is also clear that the prayer for interim relief will be considered on the basis of the materials on record on the next date of listing.

JUDGE

Comparing Assistant