Writ petition by tea estate manager challenging eviction order and Board of Revenue dismissal. Petitioner failed to appear. Petition dismissed for default; interim order vacated.
Writ petition dismissed for default. Interim order vacated.
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GAHC010006902011
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 3561/2011
1:THE MANAGER, BOROI TEA ESTATE
BAROI TEA ESTATE, OWNED BY ERSTWHILE GEORGE WILLIAMSON ASSAM LTD, NOW BY MCLEOD RUSSEL INDIA LTD, SINCE ITS AMALGAMATION IN THE YEAR 2007 HAVING ITS REGD. OFFICE AT 4FOUR MANGOE LANE, SURENDRA MOHAN GHOSE SARANI, KOLKATA, PO. HALEM, BISWANATH SUB-DIVISION, BISWANATH CHARIALI, DIST. SONITPUR, ASSAM.
VERSUS
1:THE ASSAM BOARD OF REVENUE and ORS. GUWAHATI-781001.
2:THE STATE OF ASSAM
REP. BY THE COMMISSIONER AND SECY. OF THE DEPTT. OF REVENUE GOVT. OF ASSAM DISPUR GHY-5
3:THE DY. COMMISSIONER OF THE DISTRICT SONITPUR AT TEZPUR ASSAM
4:THE SUB-DIVISIONAL OFFICER BISWANATH SUB-DIVISION BISWANATH CHARIALI DIST. SONITPUR ASSA
Advocate for the Petitioner : B CHOUDHURY
Advocate for the Respondent :
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BEFORE HON'BLE MR. JUSTICE UJJAL BHUYAN
ORDER
Date : 05-02-2019
None appears for the petitioner on call though Mr. P.S. Deka, learned Standing Counsel, Revenue Department and Mr. R. Dhar, learned Govt. Advocate, Assam are present.
Petitioner is Manager, Boroi Tea Estate.
Petitioner was considered to be an encroacher and accordingly was directed to be evicted from the encroached land by Sub-Divisional Officer (Civil), Biswanath Chariali vide order dated 06.06.1995. Against such order, petitioner preferred appeal before the Assam Board of Revenue. However, by the judgment and order dated 03.01.2011, appeal was dismissed and eviction order was upheld.
Perused the order of the Assam Board of Revenue. There is nothing to interfere. However, since there is no representation on behalf of the petitioner, writ petition is dismissed for default.
Interim order passed earlier stands vacated.
JUDGE
Comparing Assistant
The Manager, Boroi Tea Estate
The Assam Board of Revenue
The State of Assam
The Dy. Commissioner of the District Sonitpur
The Sub-Divisional Officer Biswanath Sub-Division
Ujjal Bhuyan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
