Dismissed

M/S Tezalpatty Tea Pvt. Ltd. and Anr. v. the State of Assam and 3 Ors.

Gauhati HC4 Mar 2021WP(C)/1274/2021

Case brief

AI extract

What is this about?

The Gauhati High Court dismissed a writ petition challenging the cancellation of an office reopening permit due to a civil dispute regarding property possession involving the petitioners and a private respondent. The Court upheld the authority's withdrawal of permission.

What did the court decide?

The writ petition is dismissed as there is a civil dispute which should be resolved in an appropriate Civil Court.

M/S Tezalpatty Tea Pvt. Ltd. and Anr. Vs the State… — Writ and Judicial Review | Gauhati HC (2021)

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Page No.# 1/5

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GAHC010028932021

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

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Case No. : WP(C)/1274/2021

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M/S TEZALPATTY TEA PVT. LTD. AND ANR. REGD. OFFICE ADDRESS- RAHMAN PROPERTIES, HOTEL DYNASTY, LAKHTOKIA, P.S. FANCY BAZAR, DIST.- KAMRUP (M), GHY-01, ASSAM, REP. HEREIN BY ITS DIRECTOR NAMELY MR. ATIKUR RAHMAN, AGED ABOUT 50 YEARS, S/O- LT. RUMENA RAHMAN, R/O- H.NO. 22, URBAN CITY COMPLEX, NEAR INTERNATIONAL HOSPITAL, G.S.ROAD, GHY, KAMRUP (M), ASSAM, PIN- 781005

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2: M/S MOHIJULI TEA PVT. LTD. REGD. OFFICE ADDRESS- RAHMAN PROPERTIES HOTEL DYNASTY LAKHTOKIA P.S. FANCY BAZAR DIST.- KAMRUP (M) GHY-01 ASSAM REP. HEREIN BY ITS DIRECTOR NAMELY MR. ATIKUR RAHMAN AGED ABOUT 50 YEARS S/O- LT. RUMENA RAHMAN R/O- H.NO. 22 URBAN CITY COMPLEX NEAR INTERNATIONAL HOSPITAL G.S.ROAD GHY KAMRUP (M) ASSAM PIN- 78100 VERSUS

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THE STATE OF ASSAM AND 3 ORS.

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REP. HEREIN BY OFFICE OF THE DY. COMMISSIONER, GOVT. OF ASSAM, M.G.ROAD, PANBAZAR, KAMRUP (M), GHY, ASSAM, PIN- 781001

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Page No.# 2/5

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2:ADDL. DY. COMMISSIONER AND CHAIRMAN DISTRICT DISASTER MANAGEMENT AUTHORITY GOVT. OF ASSAM M.G.ROAD PANBAZAR KAMRUP (M) GHY ASSAM PIN- 781001 3:AFROZA RAHMAN W/O- LT. ADILUR RAHMAN R/O- RAHMAN BUILDING DYNASTY HOTEL S.S.ROAD LAKHTOKIA GHY KAMRUP (M) ASSAM PIN- 781001 4:AZANA RAHMAN D/O- LT. ADILUR RAHMAN R/O- RAHMAN BUILDING DYNASTY HOTEL S.S.ROAD LAKHTOKIA GHY KAMRUP (M) ASSAM PIN- 78100

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Advocate for the Petitioner : MR. S CHAMARIA

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Advocate for the Respondent : GA, ASSAM

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BEFORE

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THE HON’BLE MR. JUSTICE PRASANTA KUMAR DEKA order

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04.03.2021

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Heard Mr. S Chamaria, learned counsel for the petitioners.

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The petitioner is aggrieved by an order dated 04.02.2021 issued by the Additional Deputy Commissioner and Chairman District Disaster Management Authority, Kamrup (M), Guwahati which is extracted hereinbelow:

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“GOVERNMENT OF ASSAM

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OFFICE OF THE DEPUTY COMMISSIONER

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KAMRUP METROPOLITAN DISTRICT, GUWAHATI

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(DISTRICT DISASTER MANAGEMENT AUTHORITY)

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Telephone- 0361-2733052

Fax-0361-2544452

Web Site-www.ddmakamrupmetro.org

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ORDER

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In pursuance of the petition received from Managing Director, Hotel Dynesty against the petition of the Director, Mohijuli and Tezalpatty Tea Pvt. Ltd. dated 01.02.2021 regarding reopening of the head office of Mohijuli and Tezalpatty Tea Pvt. Ltd in the 3^rd Floor of Rahman Building Hotel Dynesty vide letter dated 04.02.2021, which was previously accorded permission on 01/02.2021 for reopening of the said office is hereby cancelled with effect from 04/02/2021.

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Addl. Deputy Commissioner & Chairman”

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District Disaster Management Authority,

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Kamrup Metropolitan District, Guwahati

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Memo No. DDMA K(M) 03/2020/ Dated: 04.02.2021.

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Page No.# 4/5

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Copy to:

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PA to DC, Kamrup (M) for kind approval of DC

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The Managing Director, Hotel Dynesty, Lakhtokia, Guwahati for favour of information.

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The Director, Mohijuli and Tesalpatty Tea Pvt. Ltd, for favour of information.

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Addl. Deputy Commissioner & Chairman

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District Disaster Management Authority,

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Kamrup Metropolitan District, Guwahati”

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Today the matter came up for motion and Ms. DD Barman, learned Additional Senior Government Advocate had already received the instruction dated 03.02.2021 in respect of the grievances raised in this writ petition. The said instruction was sent to Ms. Barman by the Additional Deputy Commissioner & CEO, District Disaster Management Authority, Kamrup (M) and the relevant portion is extracted hereinbelow:

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“3. Subsequently, on 4^th Feb/ 2021, Managing Director and Director of Hotel Dynesty (Rahman Properties Ltd.) has submitted one complaint petition against the approval accorded for the reopening of the office of the Muhjuli & Tejalpatty Tea Pvt. Ltd. From the petition it appears that there is a dispute amongst the Rahman Properties Ltd. and Muhjuli & Tejalpattty Tea Pvt. Ltd. Accordingly, the permission accorded on 1^st Feb/ 2021 was withdrawn and was intimated to both the parties.

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As the CEO of District Disaster Management Authority of Kamrup Metropolitan District, the undersigned issued various permission on various matters in connection with Covid 19 Pandemic since the outbreak of Covid 19 in Kamrup Metropolitan District. The permission was issued from April/2020 to the end of the year 2020 depending upon various requirements. The petitioner of this instant writ petition came for obtaining permission on 1^st Feb/2021 by concealing their ongoing dispute with Rahman Properties Ltd. The petitioner kept the Deputy Commissioner and the undersigned in complete dark about their dispute and mislead the administration

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thereof.

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As District Disaster Management Authority has no role in disposal of disputes relating to occupation of properties and as the petitioner had mislead this office, hence, the approval accorded on 1^st Feb/ 2021 was subsequently cancelled vide a written order on 4^th Feb/2021.”

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On perusal of the letter dated 03.02.2021 addressed to the learned State counsel, I am of the considered opinion that there is a civil dispute amongst the petitioners and the private respondent in respect of the possession of the property under Rahman Properties Ltd, Mohijuli Tea Co. Pvt. Ltd and Tezalpatti Tea Pvt. Ltd. The Additional Deputy Commissioner cum CEO has rightly observed that the District Disaster Management Authority has no role in disposal of the disputes relating to occupation of properties.

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In view of the same, I am satisfied that there exists a civil dispute between the parties and as such, this writ petition is dismissed. However, the parties are at liberty to move appropriate Civil Court in order to resolve their dispute. Letter dated 03.02.2021 is kept on record.

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JUDGE

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Comparing Assistant

M/S Tezalpatty Tea Pvt. Ltd. and Anr. v. the State of Assam and 3 Ors.

Case brief

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M/S Tezalpatty Tea Pvt. Ltd. and Anr. v. the State of Assam and 3 Ors.

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