Gauhati High Court

Page No.# 1/5 vs The State Of Assam And 8 Ors on 28 October, 2024

Author: Manish Choudhury

Bench: Manish Choudhury

Page No.# 1/5

GAHC010226912024

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

Case No. : WP(C)/5548/2024

BIJOYANANDA CHOWDHURY AND 3 ORS
S/O LATE GIRIJANANDA CHOWDHURY, RESIDENT OF CHOWDHURY
TILLA, OPP. SECRETARIAT, SORUMOTORIA, DISPUR, GUWAHATI 781006

2: MR. ARUPANANDA CHOUDHURY
S/O LATE GIRIJINANDA CHOWDHURY
RESIDENT OF G.N CHOWDHURY BUILDING DR. J.C DAS ROAD
PANBAZAR GUWAHATI 781001

3: GITA DAS CHOUDHURY
D/O LATE GIRIJANANDA CHOWDHURY
RESIDENT OF HOUSE NO. 15
BEHIND BAROWARI NAMGHAR
UZAN BAZAR GUWAHATI 781001
ASSAM

4: MS. BHARATI CHOUDHURY
W/O LATE DEBANANDA CHOWDHURY
RESIDENT OF CHOWDHURY TILLA
OPP. SECRETARIAT
SORUMOTORIA
DISPUR GUWAHATI 78100

VERSUS

THE STATE OF ASSAM AND 8 ORS
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM,
LAND REVENUE AND DISASTER MANAGEMENT DEPARTMENT, DISPUR
GUWAHATI 781006

2:THE DISTRICT COMMISSIONER
KAMRUP M ASSAM

3:THE CIRCLE OFFICER
Page No.# 2/5

DISPUR REVENUE CIRCLE
KAMRUP M ASSAM

4:THE ADDITIONAL DISTRICT COMMISSIONER
LAND SETTLEMENT BRANCH KAMRUP M ASSAM

5:THE ASSAM BOARD OF REVENUE
PANBAZAAR
GUWAHATI 781001
KAMRUP M ASSAM REP. BY ITS CHAIRMAN.

6:CHALIHA WAREHOUSING COMPANY. LTD.
A COMPANY REGISTERED UNDER THE COMPANIES ACT
1956 HAVING ITS REGISTERED OFFICE AT RUKMINIGAON
DISPUR GUWAHATI 781006
KAMRUP M ASAM . REP. BY ITS DIRECTOR.

7:SRI DILIP KUMAR GOENKA
DIRECTOR OF CHALIHA WAREHOUSING COMPANY PVT. LTD.
HAVING HIS ALTERNATE ADDRESS AT 6TH FLOOR
SHRE KAMAKHYA TOWERS
CHRISTIAN BASTI
G.S ROAD GUWAHATI
KAMRUP M ASSAM 781005

8:SRI ARINDRAJIT TULSI CHALIHA
DIRECTOR OF CHALIHA WAREHOUSING COMPANY PVT. LTD.
HAVING HIS ALTERNATE ADDRESS AT 6TH FLOOR
SHRE KAMAKHYA TOWERS
CHRISTIAN BASTIG.S ROAD
GUWAHATIKAMRUP M ASSAM 781005

9:SRI SUNIL KUMAR GOENKA

DIRECTOR OF CHALIHA WAREHOUSING COMPANY PVT. LTD.
HAVING HIS ALTERNATE ADDRESS AT 6TH FLOOR
SHRE KAMAKHYA TOWERS
CHRISTIAN BASTI
G.S ROAD
GUWAHATI
KAMRUP M ASSAM 78100

Advocate for the Petitioner : MR. B D DEKA, MR A BHATRA,MR A DEKA,N
CHAUDHURY,MR. M DAS

Advocate for the Respondent : GA, ASSAM, SC, REVENUE
Page No.# 3/5

BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY

ORDER

28.10.2024

Heard Mr. B.D. Deka, learned counsel for the petitioners; Ms. P.R. Mahanta, learned Standing Counsel, Revenue & Disaster Management Department for the respondent no. 1; and Mr. S. Baruah, learned Junior Government Advocate, Assam for the respondent nos. 2 to

2. The petitioners have inter-alia assailed an Order dated 26.09.2024 [Annexure-7] and an Order dated 16.10.2024 [Annexure-8] passed by the respondent no. 2.

3. From the text and tenor of the Order dated 16.10.2024, it appears that the said Order is in consequence of the Order dated 26.09.2024.

4. Learned counsel for the petitioners has referred to a Judgment and Order dated 13.07.2015 passed by the Court of learned Civil Judge no. 1, Kamrup [M], Guwahati in Title Suit no. 313/2005 which was filed under Section 6 of the Specific Relief Act, 1963 for recovery of khas possession of the land described in Schedule-C of the plaint and for declaration of previous possession of the plaintiff over the suit land and for perpetual injunction.

5. The plantiff in Title Suit no. 313/2005 is impleaded herein as the respondent no. 6. After conclusion of the trial, the suit, Title Suit no. 313/2005 was decreed granting the following reliefs :-

[i] The plaintiff is entitled to recover previous possession of the land and property described in Schedule-C of the plaint which form part of Schedule-A land along with staff quarter and godown etc. [ii] Defendants their men, agents, labourers etc. are perpetually restrained Page No.# 4/5

from disturbing peaceful possession of the Schedule-C land by the plaintiff company.

[iii] Cost of the suit. Prepare the decree accordingly.

6. It is submitted by the learned counsel for the petitioners that an appeal against the said Judgment and Order dated 13.07.2015 is pending for consideration. It is further submitted that the plaintiff side in Title Suit no. 313/2005, to the knowledge of the petitioners, has not initiated any execution proceeding before the competent court. Yet, the respondent no. 2 had initiated a proceeding on the basis of an application of the plaintiff side in Title Suit no. 313/2005, that is, the respondent no. 6 herein inter-alia in specific reference of Schedule-C of the plaint in Title Suit no. 313/2005. In the Order dated 26.09.2024, the respondent no. 2 has inter-alia directed the respondent no. 3 to initiate a separate misc. case regarding possession of a plot of land measuring 11.42 Are of Dag no. 283[o]/1032[N] of K.P. Patta no. 9[o]/534[N]. Thereafter, the plaintiff side, that is, the respondent no. 6 preferred another petition before the respondent no. 2 seeking recovery of possession as per the Judgment and Order dated 13.07.2015 of the learned Civil Court. On the basis of the said petition, the respondent no. 2 has passed the Order dated 16.10.2024 with a finding that the plaintiff side is entitled to recovery of the previous possession of the land and property described in Schedule-C of the plaint in Title Suit no. 313/2005 and has passed the following order :-

Therefore, the Circle Officer, Dispur Revenue Circle and the Deputy Commissioner Police [East], Guwahati & the Officer In-Charge, Dispur Police Station are hereby directed to recover the possession of land as described in Schedule-C [Dag no. 1006 of K.P. Patta no. 609] in accordance with the Judgment and Order of the Hon'ble Civil Judge Senior Division no. 1, Kamrup [M], Guwahati in Title Suit no. 313/2005 and this office Order vide no. KRC[M] 51/2023/1642, dated 26.09.2024 in favour of the plaintiff i.e. the M/s Chaliha Warehousing Company Pvt. Ltd.

7. Mr. Baruah, learned Junior Government Advocate, Assam appearing for the respondent Page No.# 5/5

nos. 2 to 5 has submitted that the petitioners side has already approached the Board of Revenue, Assam by filing an appeal and this writ petition has been preferred on the premise that no order has been passed in the said appeal. He has further submitted that as the petitioner has the alternative and efficacious remedy, this writ petition being misconceived, is not be entertained. However, he has sought listing of the case on 04.11.2024 in order to enable him to obtain complete instructions.

8. Having gone through the contents of the Order dated 16.10.2024 passed by the respondent no. 2, it prima facie appears that the respondent no. 2 has assumed the authority and jurisdiction of the role of an executing court, without there being an execution petition from the plaintiff side before the competent executing court and without any specific direction by the executing court.

9. Be that as it may as sought for by the learned Junior Government Advocate, Assam, list the case on 04.11.2024.

10. Till the next date of listing, status-quo as regards the plot of land, as extracted from the Order dated 16.10.2024 hereinabove, shall be maintained by all the parties.

11. Mr. Deka, learned counsel for the petitioners shall supply an extra copy of the writ petition along with annexures to Mr. Baruah during the course of the day.

JUDGE

Comparing Assistant