Gauhati High Court
Page No.# 1/3 vs Umesh Ch. Deka on 13 February, 2025
Author: Devashis Baruah
Bench: Devashis Baruah
Page No.# 1/3
GAHC010252362023
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : CRP/174/2023
ASSAM STATE TRANSPORT CORPORATION AND 2 ORS.
REPRESENTED BY THE MANAGING DIRECTOR, ASSAM STATE
TRANSPORT CORPORATION, PALTAN BAZAR, GUWAHATI-8
2: KHAGEN CHETIA
THE THEN GENERAL MANAGER
ASSAM STATE TRANSPORT CORPORATION
PALTAN BAZAR
GUWAHATI-8
3: RAMEN DAS
THE THEN STATION SUPERINTENDENT
ASSAM STATE TRANSPORT CORPORATION
JAGIROAD
ASSAM
PIN
VERSUS
UMESH CH. DEKA
S/O LATE ANANDA CHARAN DEKA, R/O JAGIROAD TOWN, MOUZA GOVA,
P.O. AND P.S.-JAGIROAD, DIST-MORIGAON, ASSAM
For the petitioner (s) : Mr. G. N. Sahewalla, Sr. Advocate
Ms. S. Todi, Advocate
For the respondent (s) : Mr. D. C. C. Phukan, Advocate
Page No.# 2/3
BEFORE
HON'BLE MR. JUSTICE DEVASHIS BARUAH
ORDER
13.02.2025
Heard Mr. G. N. Sahewalla, the learned senior counsel
assisted by Ms. S. Todi, the learned counsel appearing on behalf
of the petitioners and Mr. D. C. C. Phukan, the learned counsel
appearing on behalf of the respondent.
2. This is an application under Article 227 of the Constitution
challenging the judgment dated 18.03.2021 passed in Special
(Land Grabbing) Case No.2/2014 whereby the learned Special
Tribunal, Morigaon came to a categorical finding that the
respondent herein who was the complainant had right, title and
interest over the suit land. It was further observed that the
respondent herein is entitled to recovery of vacant possession of
the suit land by evicting the petitioners herein and any other
persons claiming through them and by demolishing all
constructions made over the suit land by the ASTC Authorities at
their costs and further an amount of Rs.5,00,000/- was imposed
upon the petitioners herein as compensation to be paid within
three months failing which it would carry an interest at the rate
of 9% from the date of the order till realization for illegally
possessing the suit land.
Page No.# 3/3
3. This Court has duly perused the judgment dated 18.03.2021
as well as also the records of the case and prima-facie does not
find any good ground for interference in exercise of the
supervisory jurisdiction of this Court.
4. Be that as it may, Mr. G. N. Sahewalla, the learned senior
counsel submits that he would like to take appropriate
instructions in the matter as to whether the matter could be
settled out of the Court.
5. Mr. D. C. C. Phukan, the learned counsel appearing on
behalf of the respondent, on the other hand, submits that the
matter has been pending since long.
6. This Court for the interest of justice gives an opportunity to
the petitioners herein to explore as to whether there is any
possibility of an out of the Court settlement.
7. Let this matter be again listed on 18.03.2025.
8. It is observed that in the circumstance, there is no out of
the Court settlement on or before the next date, the instant
matter would be taken up for final disposal.
JUDGE
Comparing Assistant
