Gautam Kumar Dutta vs The State Of Assam And 5 Ors
2022 Latest Caselaw 915 Gua

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GAHC010090572021




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

                            Case No. : WA/315/2021

         GAUTAM KUMAR DUTTA
         S/O- LATE SHISHU RAM DUTTA, R/O- H/NO. 22, S.C. BYELANE,
         KUMARPARA, P.S. BHARALUMUKH, DIST.- KAMRUP(R), ASSAM



         VERSUS

         THE STATE OF ASSAM AND 5 ORS.
         REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM,
         MUNICIPAL ADMINISTRATION DEPARTMENT, DISPUR, GUWAHATI-781006.

         2:THE SECRETARY TO THE GOVT. OF ASSAM
          REVENUE DEPARTMENT
          DISPUR
          GUWAHATI-06.

         3:THE SECRETARY TO THE GOVT. OF ASSAM
          HANDLOOM AND TEXTILE DEPARTMENT
         ASSAM
          DISPUR
          GUWAHATI-781006.

         4:THE DEPUTY COMMISSIONER
          KAMRUP(M)
          GUWAHATI-781001.

         5:THE GUWAHATI MUNICIPAL CORPORATION
          REP. BY THE COMMISSIONER
          PANBAZAR
          GUWAHATI-01.

         6:THE COLLECTOR
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             GUWAHATI MUNICIPAL CORPORATION
             PANBAZAR
             GUWAHATI-01

Advocate for the Petitioner   : MR. A SARMA

Advocate for the Respondent : GA, ASSAM




                                    BEFORE
                         HONOURABLE THE CHIEF JUSTICE
                     HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

                                          ORDER

15.03.2022

Heard Mr. H. Kalita, learned counsel for the appellant. Also heard Mr. P. Nayak, learned counsel for the respondent GMC.

A number of persons who apprehended their eviction from the plot they were occupying had approached this Court in different writ petitions. The writ petitions were disposed of by the learned Single Judge vide judgment and order dated 11.10.2018. Some of the writ petitioners had challenged the order of the learned Single Judge by filing writ appeals and they were granted relief by a Division Bench of this Court. The findings of the Division Bench in the writ appeals read as under :-

15. From the said point of view, when we look into the factual matrix of the present appeal, we have already noted and concluded that the respective appellants have entered the respective plots of land through an instrument issued by the different Departments of the Government of Assam and hence their initial entry to their respective plots of land cannot be said either to be illegitimate or to have been made not in accordance with law.

16. It is another aspect that in course of time the purpose for which they were put into possession was over and perhaps they are no longer entitled to remain in further possession of the land.

17. If it is so, the remedy for the respondent authorities for evicting the appellants would not be under the provisions of 18(2) of the Settlement Rules under the Regulation of 1886, but it may be under the provisions of any other Page No.# 3/3

law.

18. Accordingly, we interfere with the process of eviction of the appellants by the respondent authorities in exercise of power under Rule 18(2) of the Settlement Rules under the Regulation of 1886, but, however, providing the liberty to the respondent authorities to proceed for eviction of the appellants under the provision of any other appropriate law as may be available.

19. In view of our conclusion, the judgment dated 11.10.2018 of the learned Single Judge in WP(C) No.3300/2012, WP(C)No.3298/2012 and WP(C)No.4890/2012 is interfered by further providing that such interference with the judgment of the learned Single Judge would be only in respect of the present appellants.

20. In terms of the above, the writ appeals stand allowed."

The present writ appellant also seeks the same relief granted to the writ appellants in the earlier writ appeals. The appellant could not file the writ appeal earlier and has now challenged the order dated 11.10.2018 passed by the learned Single Judge in WP(C) No. 3300/2012 and other connected writ petitions. The delay in filing the writ appeal has already been condoned.

On facts, the case of the present writ appellant is absolutely similar to those of the writ appellants in W.A. No. 335/2018 and other connected appeals, a fact which is also admitted by Mr. P. Nayak, learned counsel for the respondent GMC.

In view of the above, this writ appeal is also disposed of on the same terms and conditions as decided by the Division Bench vide its judgment and order dated 03.12.2019 in W.A. No. 335/2018 (On the Death of Anowara Khatun, Her Legal Heirs

-vs- The State of Assam & Ors.) and other connected appeals.

               JUDGE                            CHIEF JUSTICE



Comparing Assistant