This writ petition concerning an unutilized land allotment to Petitioner College stands closed as the Court found that the college no longer exists and the allotted land was not utilized.
The writ petition is closed.
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.
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GAHC010018562015
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/4547/2015
PUB-GUWAHATI JUNIOR COLLEGE and 4 ORS
REP. BY PROF. DR. SRI BALIT KUMAR DEKA, FOUNDER PRESIDENT, MANAGING COMMITTEE, PUB-GUWAHATI COLLEGE, R/O- RAJGARH ROAD, CHANDMARI, GHY- 24.
2: PROF. DR. BALIT KUMAR DEKA
FOUNDER PRESIDENT PUB-GUWAHATI JUNIOR COLLEGE RAJGARH ROAD CHANDMARI
MEMBER OF MANAGING COMMITTEE PUB-GUWAHATI JUNIOR COLLEGE.
M.SC. PHD
HONORARY PRINCIPAL IN-CHARGE PUB-GUWAHATI JUNIOR COLLEGE.
LL.M. PHD WORKING PRESIDENT PUB-GUWAHATI JUNIOR COLLEGE.
GENERAL SECY.
PUB-GUWAHATI JUNIOR COLLEGE
VERSUS
THE STATE OF ASSAM AND 5 ORS
REP. BY ITS SECY., REVENUE SETTLEMENT DEPTT., DISPUR, GHY- 6.
2:THE UNDER SECY. TO THE GOVT. OF ASSAM
REVENUE SETTLEMENT DEPTT.
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DISPUR GHY- 6. 3:THE SETTLEMENT OFFICER GUWAHATI RE-SETTLEMENT OPERATION ULUBARI. 4:THE DY. COMMISSIONER KAMRUP M GUWAHATI- 781001. 5:THE CIRCLE OFFICER DISPUR REVENUE CIRCLE DISPUR GUWAHATI. 6:THE COMMISSIONER OF POLICE GUWAHATI CITY PANBAZAR GUWAHATI- 781001
Advocate for the Petitioner : MS.D SHARMA
Advocate for the Respondent : GA, ASSAM, MR. S BARUAH (R3 TO R6)
BEFORE
HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
ORDER
14.03.2023
Heard Ms. C Das, learned counsel for the petitioners. Also heard Shri R Talukdar, learned State Counsel, Assam appears for the rest of the respondents.
2. When this matter was taken up on 02.03.2023, this Court, after observing that the matter was pending since the year 2015, had passed the following order:
“Heard Ms. C. Das, learned counsel for the petitioners. The case of the petitioner is that a plot of land was allotted to the petitioner–College vide an
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order dated 30.06.2005 with the stipulation that if the same could not be utilized, the said allotment would stand automatically cancelled. The petitioner claims that possession could not be taken over at any point of time as there were encroachments. The petitioner claims to have informed the Deputy Superintendent of Police, Chandmari vide an application dated 14.05.2008 followed by a representation to the Revenue Department and also to the then Education Minister. All the representations appear to have been given after a long period of time. What is intriguing is that the Managing Committee of the College in spite of having high political dignitaries could not get the matter settled. Further, on a specific query, Ms. Das, learned counsel for the petitioners has submitted that as on today, the College does not exist. Be that as it may, Ms. Das, learned counsel for the petitioners has prayed for some time to obtain instructions. Though this Court is reluctant to grant adjournment of this case which is pending since the year 2015, in the interest of justice, a short adjournment is granted directing the matter to be listed again on 14.03.2023.”
3. From the above, it transpires that, Ms. Das, learned counsel, on a prayer being made by her, was granted opportunity to take instructions as to whether the College in question, was existing as on that date or not.
4. Today i.e., 14.03.2023 the learned counsel, Ms. Das has submitted that as per information received by her, on the same premises, a Nigh School is presently running and there is no concrete information regarding the Junior College in question.
5. The facts, as have been reflected above, would show that there is hardly any existing cause of action to be adjudicated as, at no point of time, the land allotted in the year 2005 could be utilized.
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6. In view of the above, this writ petition stands closed.
JUDGE
Comparing Assistant
Pub-Guwahati Junior College
Dr. Balit Kumar Deka
Dr. Rekha Deka
Dr. Dandi Nath Choudhury
Dr. Loken Deka
The State of Assam
Sanjay Kumar Medhi
As recorded by the court registry
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