Gauhati High Court
Md Abul Hussain @ Abdul vs The Oil And Natural Gas Corporation Ltd on 5 May, 2025
Author: Manish Choudhury
Bench: Manish Choudhury
Page No.# 1/3
GAHC010070392025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2224/2025
MD ABUL HUSSAIN @ ABDUL
S/O- LT. AKASH ALI FARAZI,
R/O- GELEKI CHARIALI, CHUTIA KHANDA, P.O.- GELEKI, P.S.- GELEKI,
DIST. - SIVASAGAR, ASSAM.
VERSUS
THE OIL AND NATURAL GAS CORPORATION LTD
(NOTICE TO BE SERVED THROUGH EXECUTIVE DIRECTOR) ONGCL
ASSAM ASSET, ERBC, NAZIRA, P.O. AND P.S.- NAZIRA, DISTRICT-
SIVASAGAR (ASSAM). PIN- 785685.
2:THE EXECUTIVE DIRECTOR
ASSET MANAGER
OIL AND NATURAL GAS CORPORATION LTD.
ASSAM ASSET NAZIRA
P.O.- NAZIRA
DIST. SIVASAGAR
ASSAM
PIN- 785685. (CAVEATOR)
3:ESTATE OFFICER
ONGC NAZIRA ONGCL
ASSAM ASSET
ERBC
NAZIRA
P.O. AND P.S. NAZIRA
DIST- SIVASAGAR
ASSAM
PIN- 785685 (CAVEATOR)
Advocate for the Petitioner : MR S C DAS, D R BONGSHIARY,MR. C. SHIL,P BURAGOHAIN
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Advocate for the Respondent : FOR CAVEATOR, MR. T DAS
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
Date : 05-05-2025
Heard Ms. P.R. Bongshiary, learned counsel appearing on behalf of Mr.
S.C. Das, learned counsel for the petitioner and Mr. T. Das, learned counsel for
the respondent nos. 1-3.
2. The instant writ petition is preferred under Article 226 of the Constitution
of India to assail a Judgment dated 28.02.2025 passed by the Court of learned
Additional District Judge, Sivasagar in Misc. Appeal no. 37/2022. The Misc.
Appeal no. 37/2022 was preferred under Section 9 of the Public Premises
[Eviction of Unauthorized Occupants] Act, 1971 against an Order no.
AA/NZR/ESTATE/EVICTION-DS-GLK#84/2022/15 dated 04.08.2022 passed by
the Estate Officer, ONGCL, Assam Asset Nazira, Sivasagar under Section 5 [1] of
the Public Premises [Eviction of Unauthorized Occupants] Act, 1971 pursuant to
a notice issued under Section 4[1] of the said Act.
3. In the three-Judge decision in Life Insurance Corporation of India vs.
Nandini J. Shah and others, [2018] 15 SCC 356 the Hon'ble Supreme Court has
held that an order passed by a judge as an appellate officer under Section 9 of
the Public Premises [Eviction of Unauthorized Occupants] Act, 1971 is an order
of a civil court and a challenge thereto must ordinarily proceed under Article 227
of the Constitution of India and not under Article 226 of the Constitution of
India.
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4. In view of such legal proposition, Ms. Bongshiary, learned counsel for the
petitioner has submitted that the petitioner may be allowed to withdraw this
writ petition preferred under Article 226 of the Constitution of India, in order to
avail appropriate remedy.
5. The said submission of Ms. Bongshiary, learned counsel for the petitioner
is not opposed by Mr. Das, learned counsel for the respondents.
6. In view of the above submission made on behalf of the petitioner, this writ
petition is dismissed on withdrawal, with the liberty, as prayed for.
JUDGE
Comparing Assistant
