The Gauhati High Court dismissed a writ petition for eviction from a land plot, holding it not maintainable as the petitioner had previously withdrawn another petition on the same matter without seeking leave to file a fresh one.
The writ petition was dismissed for being not maintainable.
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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GAHC010230622024
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/5847/2024
RAMESH LALUNG
SON OF- DHUWA LALUNG, RESIDENT OF- SURYA NAGAR, P.S. NOONMATI, P.O.- UDAYAN BIHAR, DISTRICT- KAMRUP (M), ASSAM, PIN CODE- 781171
VERSUS
THE STATE OF ASSAM AND 3 ORS REPRESENTED BY COMMISSIONER AND SECRETARY REVENUE DEPARTMENT, DISPUR GHY-6
2:THE JOINT-SECRETARY REVENUE DEPARTMENT KAMRUP (M) ASSAM
3:THE DEPUTY COMMISSIONER KAMRUP (M) ASSAM
4:GUWAHATI METROPOLITAN DEVELOPMENT AUTHORITY (GMDA) REPRESENTED BY ITS DIRECTOR BHANGAGARH GHY-
Advocate for the Petitioner : MS. T SOM, MR H DAS,MS. U HAZARIKA
Advocate for the Respondent : GA, ASSAM, SC, G M D A,SC, REVENUE
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
Date : 13.11.2024
Heard Ms. T. Som, learned counsel for the petitioner; Ms. G. Hazarika, learned Standing Counsel, Revenue and Disaster Management Department for the respondent nos. 1
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& 2; Ms. S. Konwar, learned Junior Government Advocate, Assam for the respondent no. 3; and Mr. S. Bora, learned Standing Counsel, GMDA for the respondent no. 4.
This writ petition is preferred by the petitioner with the projection that he is in possession of a plot of land measuring 13 Kathas covered by Dag no. 85 and Patta no. 22 situated at Revenue Village – Satgaon, Mouza – Beltola, Dispur Revenue Circle, District – Kamrup [Metro] since long. In an eviction process carried out on 28.02.2023, the petitioner was evicted from the said plot of land. The petitioner has stated that against such allegedly illegal eviction, the petitioner has submitted a representation before the respondent no. 4 for consideration of the prayers made therein.
Mr. Bora, learned Standing Counsel, GMDA appearing for the respondent no. 4 has submitted that the petitioner has approached this Court by this writ petition for the second occasion after preferring a writ petition, W.P.[C] no. 2819/2024 earlier. It is submitted by him that the writ petition, W.P.[C] no. 2819/2024 stood withdrawn, at the instance of the petitioner himself, by an Order dated 27.09.2024 without seeking any leave/liberty to file a fresh one. It is, thus, submitted by him that the instant writ petition is not maintainable in law. He has placed a copy of the Order dated 27.09.2024.
The Order dated 27.09.2024 is perused.
As no leave/liberty was sought for, while withdrawing the previous writ petition, W.P. [C] no. 2819/2024 on 27.09.2024 and no leave/liberty was granted, this writ petition preferred for the second occasion by the petitioner is found to be not maintainable and accordingly, the same stands dismissed. It is, however, observed that dismissal of the writ petition would not construe that the petitioner would be precluded from seeking appropriate remedy, as permissible to him under the law.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether a writ petition is maintainable when the petitioner has previously filed another writ petition on the same matter without seeking leave to file a fresh one and it was withdrawn without leave.
Ramesh Lalung
State of Assam
Commissioner and Secretary Revenue Department
Joint-Secretary Revenue Department
Deputy Commissioner Kamrup (M)
Guwahati Metropolitan Development Authority
Manish Choudhury
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
