Disposed

Denish Kukurachowa v. the State of Assam and 3 Ors.

Gauhati HC4 Feb 2024WP(C)/187/2024

Case brief

AI extract

What is this about?

Writ petition concerning lease of tea estate where actual possession fell short of agreed area. Court directed petitioner to submit reply to show cause notice by 12.02.2024 and prohibited coercive action pending response.

What did the court decide?

Liberty granted to petitioner to submit reply to show cause notice by 12.02.2024; coercive action stayed till decision on said reply.

Denish Kukurachowa Vs the State of Assam and 3 Ors. — Property and Title | Gauhati HC (2024)

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Page No.# 1/3

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GAHC010008842024

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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)/187/2024

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DENISH KUKURACHOWA

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LESSEE RAJABARIE TEA ESTATE S/O LT. RAMPRASAD KUKURACHOWA R/O VILL. BOKOTA KOHAR GAON PATSAKU DIST. SIVASAGAR ASSAM 785673

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VERSUS

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THE STATE OF ASSAM AND 3 ORS.

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REP BY THE PRINCIPAL SECRETARY INDUSTRIES AND COMMERCE DEPTT DISPUR 781006

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2:THE COMMISSIONER AND SECRETARY

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TO THE GOVT OF ASSAM REVENUE AND DISASTER MANGEMENT DEPTT DISPUR 781006

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3:ASSAM TEA CORPORATION LTD

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REP BY THE MANAGING DIRECTOR A GOVT OF ASSAM UNDERTAKING HOUSEFED COMPLEX C BLOCK 7 TH FLOOR DISPUR GUWAHAI ASSAM 781006

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4:THE DISTRICT COMMISSIONER SIVASAGAR ASSAM 78569

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Advocate for the Petitioner : MS. S G BARUAH

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Advocate for the Respondent : GA, ASSAM

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Page No.# 2/3

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BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

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ORDER

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05.02.2024

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Heard Ms. S.G. Baruah, learned counsel for the petitioner. Also heard Mr. A. Kalita, learned counsel for the respondent No. 1, Ms. G. Hazarika, learned counsel for the respondent No. 2 and Mr. M. Chetia, learned counsel for the respondent No. 4. No one appears for the respondent No.3, i.e., the Assam Tea Corporation Ltd.

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The petitioner’s case, in brief, is that pursuant to a Request for Proposal floated by the Assam Tea Corporation Ltd. (respondent No.3), the petitioner took part in the selection process for taking on a 30 year lease the Rajabarie Tea Estate, the area allegedly comprising of 2789 Bighas, 2 Kathas and 15 Lechas of land. However, the petitioner was given actual physical possession of only 759 Bighas, 2 Kathas and 10 Lechas of land. Further, there has been encroachment on the land which has been given to the petitioner by the ATCL.

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The grievance of the petitioner is that after taking over physical possession of the tea estate, the petitioner could not get access to all the lands that were to be leased. In view of the same causing immense difficulties and hardship to the petitioner, the petitioner submitted various representations to the authorities. However, the respondent No. 3 has not considered the petitioner’s representations till date.

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The petitioner’s counsel further submits that though the land has been given on lease for 30 years, actual possession of 2789 Bighas, 2 Kathas and 15 Lechas of land has not been given. The petitioner has further come to know that the land has not been mutated in the name of the ATCL till date. Further, the mutation process is still ongoing, which has not been completed in favour of the ATCL.

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Page No.# 3/3

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The counsels for the respondents, on the other hand, submit that as the petitioner has been given a show cause notice by the ATCL, the petitioner may submit his reply to the said show cause notice.

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I have heard the learned counsels for the parties.

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The prayer of the writ petitioner is for a direction to be issued to the Assam Tea Corporation Ltd., to consider the representations which the petitioner has submitted time and again. As the show cause notice dated 01.02.2024 has allegedly been given to the petitioner on 01.02.2024 by e-mail, this Court is of the view that the writ petition can be disposed of by giving liberty to the petitioner to submit his reply to the show cause notice, wherein the petitioner can incorporate all the issues and points raised by the petitioner in the petitioner’s earlier representations. Accordingly, the petitioner is given liberty to submit a reply to the show cause notice dated 01.02.2024 on or before 12.02.2024, addressed to the Managing Director, Assam Tea Corporation Ltd.

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Till a decision is taken by the respondent No.3 to the reply made by the petitioner to the show cause notice, no coercive action should be taken against the petitioner pursuant to the show cause notice. The above is, however, subject to the condition that the petitioner submits the reply to the show cause notice on or before 12.02.2024 along with a copy of this order.

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The writ petition is accordingly disposed off.

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JUDGE

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Comparing Assistant

Denish Kukurachowa v. the State of Assam and 3 Ors.

Case brief

What is this about?

What did the court decide?

Denish Kukurachowa v. the State of Assam and 3 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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