Gauhati High Court

Page No.# 1/3 vs Umesh Ch. Deka on 6 May, 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. P. Nayak, Advocate


     For the Respondent(s)          : Mr. D. C. C. Phukan, Advocate
                                                                        Page No.# 2/3

                                   BEFORE
                    HONOURABLE MR. JUSTICE DEVASHIS BARUAH

                                     ORDER

Date : 06.05.2025

Heard Mr. P. Nayak, 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. During the course of hearing, Mr. P. Nayak, the learned counsel appearing on behalf of the petitioners had handed over a cheque of an amount of Rs.6,85,918/- being the compensation adjudged by the learned Presiding Officer, Special Tribunal (Land Grabbing) Morigaon in Sessions Special (Land Grabbing) Case No.02/2014 dated 18.03.2021 which includes the interest @9%. The said cheque is drawn on State Bank of India bearing Cheque No.279977 in favour of the respondent herein.

3. Mr. P. Nayak, the learned counsel submits that the cheque is dated 23.05.2025 on the ground that at present, the said account does not have the said amount however he submits that the petitioners shall ensure that the amount written in the cheque would be available on 23.05.2025. During the course of the hearing, the said cheque has been handed over to Mr. D. C. C. Phukan, the learned counsel as a full and final settlement towards the claim of compensation in terms with paragraph No.51(iii) of the impugned judgment and order dated 18.03.2021.

4. Mr. P. Nayak, the learned counsel further submits that as regards the delivery of vacant possession, taking into account the ongoing Panchayat Page No.# 3/3

Election, some time may be granted so that appropriate submissions can be made in that regard.

5. List this matter again on 10.06.2025 at the top of the list.

6. The personal appearance of the Managing Director, ASTC is hereby dispensed with.

7. The petitioners shall ensure that the aforementioned cheque is duly honoured upon being deposited on 23.05.2025.

JUDGE

Comparing Assistant