Case No. : Wp(C)/1755/2023 vs The State Of Assam And 4 Ors
2023 Latest Caselaw 1295 Gua

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GAHC010056342023




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

                               Case No. : WP(C)/1755/2023
           BRAJA KISHORE SINGHA
           S/O- LATE KHAMDAL SINGHA, R/O- SRIMANTA SHANKAR NAGAR, H.NO.-
           16, V.I.P. ROAD, MEGZINE P.O- UDYAN VIHAR, P.S. NOONMATI, DIST.-
           KAMRUP (M), ASSAM


           VERSUS

           THE STATE OF ASSAM AND 4 ORS
           REP. BY COMM. AND SECY. REVENUE AND DISASTER MANAGEMENT
           DEPTT. GOVT. OF ASSAM, G.S.ROAD, KHANAPARA, GUWAHATI- 781022

           2:THE GUWAHATI METROPOLITAN DEVELOPMENT AUTHORITY
            STATFED BUILDING
            BHANGAGARH
            GUWAHATI- 781005
           ASSAM

           3:THE GUWAHATI MUNICIPAL COMMISSIONER
            GUWAHATI
           ASSAM

           4:THE DEPUTY COMMISSIONER
            KAMRUP (M)
           ASSAM

           5:THE CIRCLE OFFICER
            DISPUR
            KAMRUP (M)
           ASSA

Advocate for the Petitioner : MR P J DUTTA
Advocate for the Respondent : SR. GA, ASSAM
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                                 BEFORE
                HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

                                        ORDER

29-03-2023 Heard Shri D. P. Borah, learned counsel for the petitioner. Also heard Shri S. Bora, learned Standing Counsel, GMC & GMDA. Ms. S. Sarma, learned State Counsel as well as Shri A. Bhattacharjee, learned Standing Counsel, Revenue Department are also present.

Shri S. Bora, the learned Standing Counsel submits that the subject matter involves an eviction process initiated by the authorities to make the area of Silsako encroachment free. By the said judgment, though the action was not interfered with, a liberty was granted to the petitioners in those cases to submit representation seeking some time to vacate the area by citing specific reasons which were also stated in the judgment, namely, ongoing examinations, ailment in the family etc. The petitioner herein has submitted that a representation to the said effect has been submitted.

In view of the above, the instant writ petition is closed by directing the authorities to consider the representation dated 22.03.2023 in accordance with law and as per the parameters and guidelines laid down in the earlier judgment and order dated 03.03.2020 passed in Writ Petition(C) No. 1156/2023 and amongst others.

Writ petition stands closed.

JUDGE

Comparing Assistant