Page No.# 1/7 vs The Assam State Commission For Women And ...
2025 Latest Caselaw 1036 Gua

Gauhati High Court

Page No.# 1/7 vs The Assam State Commission For Women And ... on 15 July, 2025

Author: Sanjay Kumar Medhi

Bench: Sanjay Kumar Medhi

                                                                      Page No.# 1/7

GAHC010048832018




                                                                2025:GAU-AS:9152

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

                           Case No. : WP(C)/1517/2018
          ASHWIN KR. MAHANTA
          S/O. LT. SUBAL CH. MAHANTA, R/O. FLAT NO.2(C), HOUSE NO. -3, USHA
          PRAFULLA MANSION APARTMENT, DINESH OJHA PATH, BHANGAGARH,
          P.S. BHANGAGARH, DIST. KAMRUP (M), ASSAM



          VERSUS

          THE ASSAM STATE COMMISSION FOR WOMEN AND 2 ORS.
          REP. BY ITS CHAIRPERSON BELTOLA, NEAR SHANKARDEV NETRALAYA,
          GUWAHATI, ASSAM

          2:THE LEGAL ADVISORY COMMITTEE
           REP. BY THE MEMBER SECRETARY
           OFFICE OF THE ASSAM STATE COMMISSION FOR WOMEN
           BELTOLA
           NEAR SHANDARDEV NETRALAYA
           GUWAHATI
          ASSAM

          3:SMT. SABITA DAS
          W/O. LT. NIRMAL CH. DAS
           R/O. FLAT NO.4(C)
           HOUSE NO.-3
           USHA AND PRAFULLA MANSION APARTMENT
           DINESH OJHA PATH
           BHANGAGARH
           P.S. BHANGAGARH
           DIST. KAMRUP (M)
          ASSA

Advocate for the Petitioner : MR. P P BORTHAKUR, MR H J TAMULI,MR M DAS
Advocate for the Respondent : MR A K SINGHA (R3), MR. B DEKA (R3)

Page No.# 2/7

BEFORE

Hon'ble MR. JUSTICE SANJAY KUMAR MEDHI

Advocate for the petitioner : Shri P.P. Borthakur, Advocate. Advocates for respondents : Shri H. Sarma, GA-Assam, Shri S. Gautam, Advocate, R-3.

     Date of hearing                : 15.07.2025
     Date of judgment               : 15.07.2025



                              JUDGMENT & ORDER

Heard Shri P.P. Borthakur, learned counsel for the petitioner. Also heard Shri H. Sarma, learned Additional Senior Government Advocate for the official respondents and Shri S. Gautam, learned counsel for the respondent no. 3.

2. The grievance of the petitioner in the instant case is against an order dated 18.11.2017 passed by the Assam State Commission for Women in ASCW Case No.202/2017. By the said order, the learned Commission has directed the petitioner to vacate the tenanted premises within 30.04.2018.

3. As per the facts projected, the petitioner is a tenant of the respondent 3. The said respondent no. 3 had however filed a complaint against the petitioner before the respondent no. 1 - Commission. The said Commission, vide the impugned order dated 18.11.2017 had directed the petitioner to vacate the tenanted premises within 30.04.2018.

4. Shri Borthakur, learned counsel for the petitioner has submitted that the aforesaid direction is absolutely without any jurisdiction as no such powers are Page No.# 3/7

vested in the Commission. He has submitted that the petitioner is protected under the Assam Urban Areas Rent Control Act, 1971, more specifically, Section 5 thereof and if at all, an action for ejectment is required, the appropriate forum is required to be approached.

5. Shri Sarma, learned State Counsel has fairly submitted that the impugned direction appears to be in excess of jurisdiction. He however submits that he would not make any comments on the inter se merits of the allegations made against the petitioner by the respondent no. 3, which is required to be proved in accordance with the law.

6. Shri Gautam, learned counsel for the respondent no. 3 has informed that in the meantime, the respondent no. 3 has in fact filed a title suit for ejectment being T.S. Case No. 222/2018 in the Court of learned Civil Judge (Jr. Div. - 1), Kamrup (M), which is pending.

7. The submissions advanced on behalf of the parties have been duly considered.

8. This Court has noted that while issuing notice vide order dated 19.03.2018, this Court has directed that until further orders, the impugned order shall remain suspended.

9. The powers to be exercised by respondent no. 1 - Commission have to be within the prescription of law as laid down in the relevant statute, namely, the Assam State Commission for Women Act, 1994. The preamble of the said Act reads as follows:

"Whereas it is expedient to provide the constitution of a Commission

for furthering the fundamental rights guaranteed by Articles 14, 15 and 16 of the Constitution of India with respect to women and to Page No.# 4/7

give effect to the Directive Principles of State Policy and in particular those enshrined in Articles 38, 39, 39A and 42 of the Constitution to improve the status and dignity of women in the society, to investigate into and take or suggest suitable remedial measures against practices derogatory to women, to effectively monitor and implement law affecting women and to advise Government and matters related to the improvement and upliftment of status and dignity of women in the society."

10. The functions of the Commission are given in Section 10 of the Act, which read as follows:

"Functions of the Commission

10.(1) The Commission shall perform all or any of the following functions, namely:--

(a) investigate and examine all matters relating to the safeguards provided for women under the Constitution and other laws;

(b) present to the State Government, annually and at such other times as the Commission may deem fit, reports upon the working of those safeguards;

(c) make in such reports, recommendations for the effective implementation of those safeguards for improving the conditions of women by the State;

(d) review, from time to time, the existing provisions of the Constitution and other laws affecting women and recommend amendments thereto so as to suggest remedial legislative measures to meet any lacunae, inadequacies or shortcomings in such Page No.# 5/7

legislations;

(e) take up the cases of violation of the provisions of the Constitution and of other laws relating to women with the appropriate authorities;

(f) look into complaints and take suo moto notice of matters relating to --

(i) deprivation of women's rights;

(ii) non-implementation of laws enacted to provide protection to women and also to achieve the objective of equality and development;

(iii) non-compliance of policy decisions, guidelines or instructions aimed at mitigating hardships and ensuring welfare and providing relief to women, and take up the issues arising out of such matters with appropriate authorities;

(g) call for special studies or investigations into specific problems or situations arising out of discrimination and atrocities against women and identify the constraints so as to recommend strategies for their removal;

(h) undertake promotional and educational research so as to suggest ways of ensuring due representation of women in all spheres and identify factors responsible for impeding their advancement, such as, lack of access to housing and basic services, inadequate support services and technologies for reducing drudgery and occupational health hazards and for increasing their productivity;

Page No.# 6/7

(i) participate and advise on the planning process of socio-economic development of women;

(j) evaluate the progress of the development of women under the Union and any State;

(k) inspect or cause to be inspected a jail, remand home, women's institution or other place of custody where women are kept as prisoners or otherwise, and take up with the concerned authorities for remedial action, if found necessary;

(l) fund litigation involving issues affecting a large body of women;

(m) make periodical reports to the Government on any matter pertaining to women and in particular various difficulties under which women toil;

(n) any other matter which may be referred to it by the State Government."

11. Though the Commission is vested with certain powers with regard to the protection of women, the power of ejectment of a tenant is not vested with such Commission and such powers have to be exercised only in the process and manner prescribed by law. It clearly appears that the direction contained in the impugned order dated 18.11.2017 towards vacating the premises has been passed in excess of jurisdiction or may be by overlooking the provisions of law.

12. It is a settled position of law that if a prescription is there for a certain thing to be done in a certain manner, that thing has to be done in the said manner only. In this regard, it would be convenient to refer and rely upon the landmark judgment of the Hon'ble Privy Council in the case of Nazir Ahmad Vs. the King Emperor reported in AIR 1936 PC 253 (II) wherein the Page No.# 7/7

following observations were made-

"... The rule which applies is a different and not less well recognized

rule, namely, that where a power is given to do a certain thing in a certain way the thing must be done in that way or not at all. Other methods of performance are necessarily forbidden. ..."

The Hon'ble Privy Council has also observed that the said doctrine has often been applied to Courts and referred the case of Taylor Vs. Taylor reported in (1875) 1 Ch.D 426.

13. This Court has also noted that the respondent no. 3 has in the meantime, instituted a suit for ejectment.

14. That being the situation, this Court is of the opinion that the writ petition warrants merit and accordingly the impugned order dated 18.11.2017 passed by the respondent no. 1 - Commission, in so far as it pertains to vacation of the premises by the petitioner is concerned, stands interfered with and is set-aside. The interference by this Court will however not have any effect on the proceeding for ejectment instituted by the respondent no. 3 which would be decided on its own merits.

15. The writ petition stands allowed in the manner indicated above.

16. Cost made easy.

JUDGE

Comparing Assistant