Rina Phukon v. The State of Assam and 14 Ors

Order

05.09.2024

¶1Heard Mr. NN Upadhaya, learned counsel for the petitioner. Also heard Ms. S Baruah, learned counsel for the respondent Nos. 1,2,3 and 5 and Ms. P Bhattacharya, learned counsel Page No.# 5/6 for the respondent No. 15.

¶2The present writ petition was preferred by the petitioner being aggrieved by an order dated

03.01.2022 issued by In-charge, Women Cell, District Magistrate Officer, Golaghat determining the shares of rent of the petitioner, respondent No. 6 and one Pallab Kishore Phukan, who is not a party in the present case. Said Pallab Kishore Phukan is the youngest son of the petitioner whereas the respondent No. 6 is the daughter-in-law of the petitioner, who married to her elder son, namely, Bedenta Kumar Phukan, who expired on 21.07.2021 and the petitioner's husband Arun Phukan expired on 06.08.2021.

¶3The impugned order reflects that a hearing was taken by the authority on the basis of an application filed by the respondent No. 6 i.e. Manalisha Bora Phukan, inter alia, alleging that she is suffering from serious illness for which she needs regular treatment and medication and she requires money and on the basis of such complaint, the share of monthly rents collected from the tenants from the un-divided property belonging to the petitioner and respondents were decided.

¶4No instruction has been received by the learned Government Advocate, however, Ms. S Baruah, learned Government Advocate submits that she could not find out any authority under law whereby Woman Cell can act in a manner distributing the share of rental income amongst the claimants.

¶5This court is also of the opinion that the Women Cell shall have no authority and jurisdiction under law to act and decide in the manner the impugned decision has been taken.

¶6If any party is aggrieved for non maintenance or claim of share of property, the office of the Deputy Commissioner or to say Women Cell under Deputy Commissioner shall have no jurisdictional and authority under law inasmuch as such dispute can be settled in the court of law as provided under different statute like DV Act, 2012, T.P. Act, 1882 etc . It is needless to say that the Deputy Commissioner shall have also no jurisdiction to entertain any complaint alleging misconduct and such allegation can also be determined by the statutory authority like Bar Council of India and not by the Deputy Commissioner or the Women Cell under it.

¶7In view of the aforesaid, the impugned order dated 03.01.2022 passed by the Women Cell, District Magistrate Office, Golaghat vide No. GP.33/2012/8172 is set aside and quashed. Page No.# 6/6

¶8Writ petition stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/6 GAHC010005142022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/232/2022o RINAoPHUKONo W/O.oLATEoARUNoPHUKON,oR/O.o TENPUR,oMISSIONPATTY,oWARDoNO.o3,o P.O.oANDoP.S.o GOLAGHAT,oDISTo GOLAGHAT,oASSAM VERSUSo THEoSTATEoOFoASSAMoANDo14oORS.o REPRESENTEDo BYoTHEoCOMMISSIONERoANDoSECRETARYo TOoTHEoGOVT.oOFoASSAM,oDEPARTMENTo OFoSOCIALoWELFARE,oDISPUR,oGUWAHATIo o6 2:THEoDEPUTYoCOMMISSIONER o 3:THEoSUPDT.oOFoPOLICE o PageoNo.#o2/6 DISToGOLAGHAT oASSAM. 4:SMT.oSULAKSHANAoBARPATRAoGOHAIN oEXECUTIVEoMAGISTRATEo CUMoINoCHARGE oWOMENoCELL o o oDISTo oPINo785621 5:THEoDISTRICToSOCIALoWELFAREoOFFICER 6:SMT.oMONALISAoBORAoPHUKON oAGEDoABOUTo38oYEARS oW/O.oLATEo BEDANTAoKUMARoPHUKAN o RESIDENToOFoTENPUR oMISSIONo PATTY oWARDoNO.3 oP.O.oANDoP.So oDISTRICToGOLAGHAT o 785621. 7:SMT.oDIPAoPHUKONo@oDEEPAoPHUKON oD/O.oLATEoNARENDRAo NATHoPHUKON oPRESENTLYoRESIDENTo OFoTENPUR oMISSIONoPATTY oWARDo NO.o3 oGOLAGHAR o PageoNo.#o3/6 8:SRIoAJIToGOGOI oS/O.oSRIoJOGESWARo GOGOI oPERMANENToRESIDENToOFo MATHADANGoGAON oPOo PULIKAITONI oMOUZAoGHILADHARI o POoGHILADHARI oPSoGHILADHARI o DISToGOLAGHAT oASSAM oPINo 785602. 9:THEoSECRETARY oDISTRICToLEGALo SERVICEoAUTHORITY oGOLAGHAT. 10:THEoGOVERNMENToPLEADER oPINo 785621. 11:DR.oSUNITAoEKKA oSKKCo HOSPITAL oDISTo 12:THEoPRESIDENT oJILAoPARISHAD o oPINo 785621. Page No.# 4/6 13:THE PRESIDENT GOLAGHAT JILA MAHILA SAMITTEE DIST GOLAGHAT PIN 785621. 14:THE PRESIDENT MAHILA GOT NGO NIRMAN BENGENAKHOWA DIST PIN 785621. 15:SMTI. JAYASHREE GOGOI JAISWAL W/O SRI DURGA JAISWAL ADVOCATE DISTRICT BAR ASSOCIATION GPOLAGHAT PIN 785621 Advocate for the Petitioner : MR R DHAR, MR. N N UPADHAYA,MR B C MUCHAHARY Advocate for the Respondent : GA, ASSAM, MR. M A I HUSSAIN (R-6),MR. A R BHUYAN (R- 6),MR T GOGOI (r-15),MR. A BORUA (r-15),MS. P BHATTACHARYA (r-15) BEFORE THE HON'BLE MR. JUSTICE ARUN DEV CHOUDHURY