We dismissed this writ appeal as there was no ground for differing from the Single Judge's view that no cause of action existed due to the absence of any eviction notice issued to the appellants at the time of filing.
Application for land settlement ordered to be disposed of by the revenue authority.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Page No.# 1/4
GAHC010037342021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WA/78/2021
DAMAYANTI BORO AND 3 ORS. D/O- LATE PUHARAM BORO, R/O- BETKUCHI, P.S. GARCHUK, GUWAHATI, DIST.- KAMRUP(M), ASSAM, PIN- 781040.
2: KESHAB PHUKAN S/O- LATE SUSAN PHUKAN R/O- BETKUCHI P.S. GARCHUK GUWAHATI DIST.- KAMRUP(M) ASSAM PIN- 781040. 3: SMT. ROPNA BASUMATARY W/O- DIPANKAR SWARGIARY R/O- BETKUCHI P.S. GARCHUK GUWAHATI DIST.- KAMRUP(M) ASSAM PIN- 781040. 4: KALI CHARAN NATH S/O- LATE KIRTI RAM NATH R/O- BETKUCHI P.S. GARCHUK GUWAHATI DIST.- KAMRUP(M) ASSAM PIN- 781040 VERSUS
THE STATE OF ASSAM AND 4 ORS.
Page No.# 2/4
REP. BY ITS COMMISSIONER AND SECRETARY, GOVT. OF ASSAM, REVENUE DEPARTMENT, JANATA BHAWAN, DISPUR, GUWAHATI- 781006.
2:THE COMMISSIONER AND SECRETARY
GOVT. OF ASSAM REVENUE DEPARTMENT JANATA BHAWAN DISPUR GUWAHATI- 781006. 3:THE DEPUTY COMMISSIONER KAMRUP METROPOLITAN DISTRICT PANBAZAR GUWAHATI PIN- 781001 ASSAM.
4:THE CIRCLE OFFICER
DISPUR REVENUE CIRCLE BASISTHA CHARIALI GUWAHATI DIST.- KAMRUP (METRO) ASSAM PIN- 781028.
5:DHANIRAM BORO S/O- LATE PUHARAM BORO R/O- VILL.- BETKUCHI P.S. GARCHUK MOUZA- BELTOLA DIST.- KAMRUP(M) ASSAM PIN- 781040
Advocate for the Petitioner : MR. P D NAIR
Advocate for the Respondent : SR GA,ASSAM
Page No.# 3/4
BEFORE HONOURABLE THE CHIEF JUSTICE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA
(Oral)
05-04-2022
Sudhanshu Dhulia, C.J.
Heard Mr. H. Rohman, learned counsel for the appellants. Also heard Mr. N Das, learned Government Advocate, Assam appearing for respondent Nos.3 and 4.
This writ appeal has been filed against the order dated 28.08.2020 passed by the learned Single Judge in WP(C) No.3246/2020 by which the writ petition was dismissed.
The case of the writ petitioners (present appellants) before the learned Single Judge was that they are occupying plots of government land in village Betkuchi, Mouza- Beltola under Dispur Revenue Circle in the district of Kamrup (Metro) since last twenty years. The writ petitioners had approached this Court by means of the aforesaid writ petition with a prayer for stay of their eviction.
All the same, in the parawise comments, it has been clearly stated by the State respondents that presently the writ petitioners have not been given any eviction notice as yet. That being the position, and that there is no threat of eviction as of now and the petition had been filed on a mere apprehension of threat of eviction and hence the learned Single Judge was of the opinion that the writ petition was not liable to be entertained as there was no cause of action for filing the writ petition and accordingly dismissed the writ petition.
In the writ appeal, we find no reason to have a different opinion from what
Page No.# 4/4
has already been held by the learned Single Judge. Mere apprehension of threat of eviction will not give rise to cause of action as presently no eviction notice has been given to the writ petitioners/ present appellants. Under the circumstances, this writ appeal is dismissed.
It is stated at the Bar that the writ petitioners (present appellants) have already submitted an application before the revenue authority for settlement of the land in their favour.
Let the application of the writ petitioners be disposed of by the concerned authority in accordance with law.
JUDGE CHIEF JUSTICE
Comparing Assistant
1 issue framed by the court
Whether mere apprehension of eviction without any notice gives rise to cause of action for writ petition.
Damayanti Boro and 3 Ors.
State of Assam and 4 Ors.
Soumitra Saikia
Sudhanshu Dhulia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
