Disposed

Topcem India LLP and Anr. v. the State of Assam and 5 Ors.

Gauhati HC9 May 2018WA/288/2015

Case brief

AI extract

What is this about?

This appeal concerned the status quo in land possession pending ceiling control proceedings. After finding a delay of over four years, the Division Bench granted interim maintenance of status quo and directed the single judge to dispose of the main writ petition promptly.

What did the court decide?

Maintenance of status quo upheld; writ petition remanded to the single judge for prompt disposal.

Topcem India LLP and Anr. Vs the State of Assam and 5 Ors. — Land Acquisition | Gauhati HC (2018)

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GAHC010213092015

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

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Case No. : WA 288/2015

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1:TOPCEM INDIA LLP and ANR

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HAVING ITS OFFICE AND PRINCIPAL PLACE OF BUSINESS AT LOHIA HOUSE, M.G. ROAD, FANCY BAZAR, GUWAHATI-01 AND IS REPRESENTED BY ITS PARTNER SHRI BAJRANG LOHIA

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2: SHRI BAJRANG LOHIA S/O LT. BRIJ MOHAN LOHIA R/O KHARGULI GUWAHATI-04. DESIGNATED PARTNER OF PETITIONER NO. 1

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VERSUS

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1:THE STATE OF ASSAM and 5 ORS

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REPRESENTED BY THE COMMISSIONER AND SECY., REVENUE and DISASTER MANAGEMENT DEPTT., ASSAM SECRETARIAT, DISPUR, GUWAHATI-6

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2:THE CHEIF SECRETARY REVENUE and DISASTER MANAGEMENT DEPARTMENT ASSAM SECRETARIAT DISPUR GUWAHATI-6.

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3:THE DEPUTY COMMISSIONER AND DISTRICT COLLECT KAMRUP METROPOLITAN DISTRICT PANBAZAR GUWAHATI-1.

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4:THE ADDL. DEPUTY COMMISSIONER KAMRUP METROPOLITAN DISTRICT PANBAZAR GUWAHATI-1.

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5:THE CIRCLE OFFICER SONAPUR REVENUE CIRCLE

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SONAPUR KAMRUP M ASSAM. 6:THE SR. SUB-REGISTRAR KAMRUP M PANBAZAR GUWAHATI-1

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Advocate for the Petitioner : MRA K RAI

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Advocate for the Respondent : ADDL. AG, ASSAM

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BEFORE

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HON’BLE THE CHIEF JUSTICE MR. AJIT SINGH HON’BLE MR. JUSTICE PRASANTA KUMAR DEKA

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9.5.2018 (Ajit Singh, CJ)

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Ms.Bhanita Choudhury, learned counsel for the appellants. Mr.R Dhar, learned Additional Senior Government Advocate, Assam for the Respondents.

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The appellant is an occupant of agricultural land measuring 147 Bighas 2 Kathas 11 Lechas in two villages, namely, Senabar and No.3 Oujuri under Dimoria Mouza of Sonapur Circle. The Deputy Commissioner and District Collector, Kamrup Metropolitan District, vide order dated 20.5.2015, has held that possession of appellant over 92 Bighas 1 Katha 4 Lechas is in excess to the limit as prescribed under Section 4 of the Assam Fixation of Ceiling on Land Holdings Act, 1956. The Deputy Commissioner has, therefore, directed for taking possession of the excess land from the appellant. Aggrieved, the appellant has filed WP(C) No.4512/2015, in which, the learned Single Judge, vide order dated 25.8.2015, issued notice to the respondents, but declined to grant interim relief against his dispossession. The appellant, therefore, rushed to file the present appeal. And vide order dated 30.9.2015, another Division Bench, while issuing notice to the State Government, has directed the

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parties to maintain status quo. In the result, interim relief, which was denied to the appellant, has been granted in this writ appeal.

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Now, since more than 4½ years have passed, we finally dispose of the appeal with a request to the learned Single Judge to decide the writ petition on an early date and till then, parties shall continue to maintain status quo.

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Sd/Sd/JUDGE CHIEF JUSTICE

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Comparing Assistant

Topcem India LLP and Anr. v. the State of Assam and 5 Ors.

Case brief

What is this about?

What did the court decide?

Topcem India LLP and Anr. v. the State of Assam and 5 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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