Dismissed

Namita Dutta v. the State of Assam and 3 Ors.

Gauhati HC9 Jan 2023WP(C)/151/2023

Case brief

AI extract

What is this about?

A single judge of the Gauhati High Court dismissed a writ petition as frivolous and an abuse of the process of court. The petition sought quashing of a communication directing the petitioner to vacate land. The court held the prayer was barred by issue estoppel after considering an undertaking by the petitioner to vacate the land by a specified date. The petition was dismissed without notice, with

What did the court decide?

No notice to respondents; cost of Rs. 10,000 imposed on the petitioner to be deposited with the Assam State Legal Services Authority.

Namita Dutta Vs the State of Assam and 3 Ors. — Land Acquisition | Gauhati HC (2023)

¶1

Page No.# 1/3

¶2

GAHC010003772023

¶3

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

¶4

Case No. : WP(C)/151/2023

¶5

NAMITA DUTTA

¶6

W/O- LT. NIRMAL DUTTA, R/O- CONVENT ROAD, HAFLONG, DIST.- DIMA HASAO, ASSAM

¶7

VERSUS

¶8

THE STATE OF ASSAM AND 3 ORS REP. BY THE SECY. TO THE GOVT. OF ASSAM, LAND AND REVENUE DEPTT., DISPUR, GHY-6

¶9

2:NORTH CACHAR HILLS AUTONOMOUS COUNCIL REP. BY THE PRINCIPAL SECRETARY P.O. HAFLONG DIST.- DIMA HASAO

¶10

3:THE SECRETARY AND REVENUE OFFICER N.C. HILLS AUTONOMOUS COUNCIL HAFLONG DIMA HASAO ASSAM

¶11

4:ROGENDRA LANGTHASA S/O- LT. BASENDRA LANGTHASA R/O- VILL- SHIVARAIPUR P.O. HAFLONG DIST.- DIMA HASAO ASSA

¶12

Advocate for the Petitioner : MR. J LASKAR

¶13

Advocate for the Respondent : SC, REVENUE

¶14

Page No.# 2/3

¶15

BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA

¶16

ORDER

¶17

Date : 09-01-2023

¶18

Heard Mr. R Das, learned counsel for the petitioner. Also heard Mr. RM Das, learned Standing Counsel, Dima Hasao Autonomous Council appearing for respondent Nos. 2, 3 and 4 as well as Ms. G Hazarika, learned Standing Counsel, Revenue Department, appearing for respondent No. 1.

¶19

By filing this writ petition under Article 226 of the Constitution of India, the petitioner is praying for quashing of the communication dated 11.11.2022 (Annexure-D) issued by the Secretary & Revenue Officer, N.C. Hills Autonomous Council, Haflong (respondent No. 3).

¶20

The learned Standing Counsel for the Dima Hasao Autonomous Council has brought to the notice of this Court an undertaking dated 28.12.2022 by the petitioner had volunteered to vacate the land within 10.01.2023. The text of the said undertaking is quoted below:-

¶21

“I do hereby execute undertaking in regard to vacate of land covered under Periodic Patta No. 854 at Haflong Town-I that I do hereby assured that within 10^th January/2023 evening I will vacate the land as mentioned above, I shall not request the authority for extension of time for the vacation of the same beyond the above stipulated date and time under any circumstance. In case of failing to vacate the same the authority may take any action as they think fit and proper.

¶22

I signed this in full consciousness and sound mind.”

¶23

From the order dated 24.08.2022 passed in WP(C) No. 2646/2021 (Annexure-C), it is seen that vide order dated 18.01.2021 passed by the

¶24

Page No.# 3/3

¶25

Secretary and Revenue Officer, NCHAC, Haflong had directed the petitioner to hand over the said land to one Rogendra Langthasa.

¶26

Accordingly, it appears that the present communication dated 11.11.2022 is in furtherance of the order dated 18.01.2021, against which the challenge was not entertained vide order dated 24.08.2022 passed in WP(C) No. 2646/2021. Moreover, the petitioner has submitted an undertaking before the respondent No. 3 to vacate the land by 10.01.2023.

¶27

In the view of the above, this writ petition is held to be frivolous and abuse of the process of Court. Moreover, hte prayer made in this writ petition is barred by the principle of issue estoppel. Therefore, this writ petition stands dismissed at the motion stage without issuing notice on the respondents, however, with a cost of Rs. 10,000/- imposed on the petitioner for this frivolous litigation. The petitioner shall deposit the cost before the Assam State Legal Services Authority, Guwahati within one month.

¶28

Let a copy of this order be send to the Assam State Legal Services Authority, Guwahati for information with liberty to initiate proceeding for recovery of cost.

¶29

JUDGE

¶30

Comparing Assistant

Namita Dutta v. the State of Assam and 3 Ors.

Case brief

What is this about?

What did the court decide?

Namita Dutta v. the State of Assam and 3 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Azizul Hoque Vs the State of Assam and 6 Ors.

Rabia Begum and 4 Ors. Vs the State of Assam and 5 Ors.

M/S Schlumberger Solutions Private Limited Vs Oil India Ltd. and 3 Ors.

The Fakiragram Samabai Samiti Ltd. and 2 Ors. Vs the State of Assam and 18 Ors.

Kabon Engtipi Vs the State of Assam and 4 Ors.

Abdus Salam Laskar Vs the State of Assam and 6 Ors.