Denish Kukurachowa v. The State of Assam and 3 Ors

ORDER

05.02.2024

¶1Heard 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.

¶2The 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 participated in the same and was duly handed over physical possession of Deepling Tea Estate on lease, for a period of 30 years on 01.04.2023.

¶3The grievance of the petitioner is that after taking over physical possession of the tea estate, it was directed that large portions of the tea estate were under encroachment and that there were extra number of workers over and above the list supplied by the Assam Tea Corporation Ltd. at the time of taking physical possession of the tea estate. 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 representation till date.

¶4The counsel for the petitioner submits that despite the above facts, the Assam Tea Corporation Ltd. has issued a show cause notice dated 01.02.2024 to the petitioner, for determination/termination of the lease granted in favour of the petitioner and has given the petitioner 7 days' time to submit a written explanation to the same. Page No.# 3/3

¶5The 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.

¶6I have heard the learned counsel for the parties.

¶7The 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 this 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.

¶8Till a decision is taken by the respondent No.3/ Assam Tea Corporation Ltd. 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.

¶9The writ petition is accordingly disposed off.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010007052024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/165/2024o DENISHoKUKURACHOWAo MANAGINGoDIRECTORoDEEPLINGoTEAoESTATEoS/OoLT.oRAMPRASADo KUKURACHOWAoR/OoVILL.oBOKOTAoKOHARoGAONoPATSAKUoDISTo SIVASAGARoASSAMo785673 VERSUSo THEoSTATEoOFoASSAMoANDo3oORS.o REPoBYoTHEoPRINCIPALoSECRETRARYo,oINDUSTRIESoANDoCOMMERCEo DEPTToDISPUo781006 2:THEoCOMMISSIONERoANDoSECRETARY oTOoTHEoGOVToOFoASSAMoREVENUEoANDoDISASTERoMANAGEMENTo DEPTToDISPURo781006 3:ASSAMoTEAoCORPORATIONoLTD oREPoBYoTHSoMANAGINGoDIRECTORoAoGOVToOFoASSAMoUNDERTAKINGo HOUSEFEDoCOMPLEXoCoBLOCKo7THoFLOORoDISPURoGUWAHATIoASSAMo 781006 4:THEoDISTRICToCOMMISSIONER oCHARAIDEO oASSAMo78569o AdvocateoforotheoPetitionerooooo:oMS.oSoGoBARUAHo AdvocateoforotheoRespondento:oGA,oASSAMoo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA