Balajan Abdul Hakim Girls M.E. Madrassa v. the State of Assam and 5 Ors.

Gauhati HC7 Aug 2023WP(C)/2121/2023

Case brief

AI extract

What is this about?

The High Court dismissed a writ petition seeking restraint on construction of a permanent structure over private patta land. The Court held the dispute was not arbitratable in writ proceedings and granted liberty to institute civil proceedings, thereby closing the writ petition.

What did the court decide?

Petitioner granted liberty to institute appropriate civil proceedings; writ petition closed/disposed of.

Balajan Abdul Hakim Girls M.E. Madrassa Vs the State of… — Property and Title | Gauhati HC (2023)

¶1

Page No.# 1/3

¶2

GAHC010078722023

¶3

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

¶4

Case No. : WP(C)/2121/2023

¶5

BALAJAN ABDUL HAKIM GIRLS M.E. MADRASSA REPRESENTED BY THE HEADMASTER NAMELY- MD. AMIR HUSSAIN, AGED ABOUT 51 YEARS, S/O LATE ABDUL HAKIM, R/O VILL AND P.O.BALAJAN, P.S.-BAGHBAR, DIST-BARPETA, ASSAM, PIN-781308

¶6

VERSUS

¶7

THE STATE OF ASSAM AND 5 ORS.

¶8

REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE DEPARTMENT OF PUBLIC HEALTH ENGINEERING (PHE), GOVT. OF ASSAM

¶9

2:THE PRINCIPAL SECRETARY TO THE REVENUE DEPARTMENT GOVERNMENT OF ASSAM DISPUR GUWAHATI-6

¶10

3:THE DEPUTY COMMISSIONER BARPETA P.O. AND DIST-BARPETA ASSAM PIN-781301

¶11

4:THE EXECUTIVE ENGINEER PUBLIC HEALTH ENGINEERING (PHE) BARPETA DIVISION P.O. AND DIST-BARPETA ASSAM PIN-781314

¶12

5:SADDAM HUSSAIN ASO PUBLIC HEALTH ENGINEERING (PHE) BARPETA DIVISION

¶13

Page No.# 2/3

¶14

P.O. AND DIST-BARPETA ASSAM PIN-781314 6:KULEN MEDHI (CONTRACTOR) S/O UNKNOWN PRESENT ADDRESS-INDIRA NAGAR (GARAM BAZAR) STRAKANARA 14 NO SEAT P.O.-SATRAKANARA DIST-BARPETA ASSAM PIN-781308 7:ABDUS SALAM (SUB-CONTRACTOR) S/O UNKNOWN PRESENT ADDRESS-INDIRA NAGAR (GARAM BAZAR) STRAKANARA 14 NO SEAT P.O.-SATRAKANARA DIST-BARPETA ASSAM PIN-78130

¶15

Advocate for the Petitioner : MR. N J DUTTA

¶16

Advocate for the Respondent : GA, ASSAM

¶17

BEFORE

¶18

HONOURABLE MR. JUSTICE SUMAN SHYAM

¶19

ORDER

¶20

Date : 07/08/2023

¶21

Heard Mr. N. Ahmed, learned counsel for the writ petitioner. Also heard Mr. N. Goswami, learned

¶22

Government Advocate, Assam, appearing for the respondent no. 3.

¶23

By filing this writ petition, a prayer has been made to restrain the respondent no. 6 from raising permanent construction over the land allotted to the petitioner i.e. Balajan Abdul Hakim Girls M.E. Madrassa.

¶24

Page No.# 3/3

¶25

Mr. Ahmed has fairly submitted that the construction is being raised over a private patta land and by a private individual. If that be so, this Court is of the opinion that this is not a matter which can be adjudicated in a writ petition. As such, by granting liberty to the petitioner to approach the Civil Court by instituting appropriate proceeding, this writ petition stands closed.

¶26

Needless to say that disposal of the writ petition by this Court shall not be a bar for the learned Civil Court to consider the matter on its own merit and pass appropriate order therein, if so required.

¶27

The writ petition stands disposed of.

¶28

JUDGE

¶29

sukhamay

¶30

Comparing Assistant

Balajan Abdul Hakim Girls M.E. Madrassa v. the State of Assam and 5 Ors.

Case brief

What is this about?

What did the court decide?

Balajan Abdul Hakim Girls M.E. Madrassa 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

Parties & counsel

Coram

Case details

Similar cases

Shyamal Sharma Baruah Vs Hindustan Petroleum Corporation Limited and 3 Ors.

Bikash Dey and 5 Ors. Vs the State of Assam and 8 Ors.

Smt. Arpana Patar Vs Shyamal Sharma Baruah and 3 Ors.

Md. Shahalom Hoque Vs the State of Assam and 9 Ors.

Ohab Choudhury and 7 Ors. Vs the State of Assam and 6 Ors.

Chandra Kanta Borsaikia and 20 Ors. Vs the State of Assam and 3 Ors.