Petitioners failed to appear on the ex parte call date. The court refrained from dismissing the writ petition on merits but dismissed it solely for non-prosecution in a dispute regarding land eviction.
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.
Page No.# 1/2
GAHC010232212016
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/7388/2016
ANIL BORGOHAIN and 5 ORS. S/O LT. KULENDHAR BORGOHAIN
2: SRI NRIPEN GOGOI S/O LT. NANDA NATH GOGOI
4: SMTI. UPARANI BORGOHAIN W/O SRI KHIROD CHETIA
5: SMTI. PUSPA LAHON
W/O SRI PRAFULLA BORGOHAIN
6: SMTI. PRABHARANI BORAH @ PRABHABATI BORAH W/O SRI BALINDRA MAHANTA ALL ARE RESIDENT OF PENGREE CHARIALI P.O. and P.S. PENGREE DIST. TINSUKIA PIN - 786181
VERSUS
STATE OF ASSAM and 3 ORS.
THROUGH THE SECRETARY LAND and REVENUE DEPT. GOVT. OF A SSAM, ASOM SACHIVALAYA, DISPUR, GUWAHATI - 781006.
2:THE DEPUTY COMMISSINER
TINSUKIA DISTRICT P.O. TINSUKIA PIN - 786125.
3:SUB-DIVISIONAL OFFICER CIVIL
MARGHERITA SUB-DIVISION P.O. and P.S. MARGHERITA DIST. TINSUKIA
Page No.# 2/2
ASSAM PIN - 786181.
4:THE CIRCLE OFFICER
MARGHERITA REVENUE CIRCLE P.O. and P.S. MARGHERITA DIST. TINSUKIA ASSAM PIN-786181
Advocate for the Petitioner : MRG P BHOWMIK, MS.P CHETIA,MR.R HAZARIKA
Advocate for the Respondent : , GA, ASSAM(R1-4),
BEFORE
HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR
ORDER
Date : 13-09-2024
None appears for the petitioner on call.
Mr. S. Baruah, learned counsel for the respondent No.4 by referring to the affidavit so filed by the said authority submits that the names of the petitioners No.1, 2 and 3 were deleted from the Touzi record dated 17.04.1994, while there was no record in this connection in respect of respondents No.4, 5 and 6.
Mr. S. Baruah, learned counsel also submits that the land in question is a reserved land and there is no record available pertaining to the allotment of the said land to the school for setting up of boy’s hostel.
It is also submitted by Mr. S. Baruah, learned counsel that there was no record establishing the fact that the petitioners herein were in occupation of the land in question for the last 30 years.
In view of the above submission, which was not disputed by the petitioners herein, by way of filing rejoinder, the petitioners are to be held to be in illegal occupation of the land in question and accordingly the eviction process as initiated cannot be said to erroneous.
However, considering the fact that none has appeared on behalf of the petitioners on call, this Court refrains from proceeding to dismiss the writ petition on merit.
However, the writ petition stands dismissed for non-prosecution.
JUDGE
Comparing Assistant
Anil Borgohain and 5 Ors.
State of Assam and 3 Ors.
N. Unni Krishnan Nair
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
