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 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.

¶3The 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.

¶4The 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. 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 counsels for the parties.

¶8The 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.

¶9Till 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.

¶10The writ petition is accordingly disposed off.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010008842024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/187/2024o DENISHoKUKURACHOWAo LESSEEoRAJABARIEoTEAoESTATEoS/OoLT.oRAMPRASADoKUKURACHOWAo R/OoVILL.oBOKOTAoKOHARoGAONoPATSAKUoDIST.oSIVASAGARoASSAMo 785673 VERSUSo THEoSTATEoOFoASSAMoANDo3oORS.o REPoBYoTHEoPRINCIPALoSECRETARYoINDUSTRIESoANDoCOMMERCEoDEPTT DISPURo781006 2:THEoCOMMISSIONERoANDoSECRETARY oTOoTHEoGOVToOFoASSAMoREVENUEoANDoDISASTERoMANGEMENToDEPTTo DISPURo781006 3:ASSAMoTEAoCORPORATIONoLTD oREPoBYoTHEoMANAGINGoDIRECTORoAoGOVToOFoASSAMoUNDERTAKINGo HOUSEFEDoCOMPLEXoCoBLOCKo7oTHoFLOORoDISPURoGUWAHAIoASSAMo 781006 4:THEoDISTRICToCOMMISSIONER oSIVASAGAR oASSAMo78569o AdvocateoforotheoPetitionerooooo:oMS.oSoGoBARUAHo AdvocateoforotheoRespondento:oGA,oASSAMoo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA