Pub-Guwahati Junior College and 4 Ors v. The State of Assam and 5 Ors

ORDER

14.03.2023 Heard Ms. C Das, learned counsel for the petitioners. Also heard Shri R Talukdar, learned State Counsel, Assam appears for the rest of the respondents.

¶2When this matter was taken up on 02.03.2023, this Court, after observing that the matter was pending since the year 2015, had passed the following order:

"Heard Ms. C. Das, learned counsel for the petitioners. The case of the petitioner is that a plot of land was allotted to the petitioner–College vide an Page No.# 3/4 order dated 30.06.2005 with the stipulation that if the same could not be utilized, the said allotment would stand automatically cancelled. The petitioner claims that possession could not be taken over at any point of time as there were encroachments. The petitioner claims to have informed the Deputy Superintendent of Police, Chandmari vide an application dated 14.05.2008 followed by a representation to the Revenue Department and also to the then Education Minister. All the representations appear to have been given after a long period of time. What is intriguing is that the Managing Committee of the College in spite of having high political dignitaries could not get the matter settled. Further, on a specific query, Ms. Das, learned counsel for the petitioners has submitted that as on today, the College does not exist. Be that as it may, Ms. Das, learned counsel for the petitioners has prayed for some time to obtain instructions. Though this Court is reluctant to grant adjournment of this case which is pending since the year 2015, in the interest of justice, a short adjournment is granted directing the matter to be listed again on 14.03.2023."

¶3From the above, it transpires that, Ms. Das, learned counsel, on a prayer being made by her, was granted opportunity to take instructions as to whether the College in question, was existing as on that date or not.

¶4Today i.e., 14.03.2023 the learned counsel, Ms. Das has submitted that as per information received by her, on the same premises, a Nigh School is presently running and there is no concrete information regarding the Junior College in question.

¶5The facts, as have been reflected above, would show that there is hardly any existing cause of action to be adjudicated as, at no point of time, the land allotted in the year 2005 could be utilized.

Page No.# 4/4

¶6In view of the above, this writ petition stands closed.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010018562015 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/4547/2015o PUB-GUWAHATIoJUNIORoCOLLEGEoando4oORSo REP.oBYoPROF.oDR.oSRIoBALIToKUMARoDEKA,oFOUNDERoPRESIDENT,o MANAGINGoCOMMITTEE,oPUB-GUWAHATIoCOLLEGE,oR/O-oRAJGARHo ROAD,oCHANDMARI,oGHY-o24. 2:oPROF.oDR.oBALIToKUMARoDEKA oFOUNDERoPRESIDENT oPUB-GUWAHATIoJUNIORoCOLLEGE oRAJGARHoROAD oCHANDMARI oMEMBERoOFoMANAGINGoCOMMITTEE oPUB-GUWAHATIoJUNIORoCOLLEGE. 3:oDR.oREKHAoDEKA oM.SC. oPHD oHONORARYoPRINCIPALoIN-CHARGEoPUB-GUWAHATIoJUNIORoCOLLEGE. 4:oDR.oDANDIoNATHoCHOUDHURY oLL.M.oPHD oWORKINGoPRESIDENT oPUB-GUWAHATIoJUNIORoCOLLEGE. 5:oDR.oLOKENoDEKA oGENERALoSECY. oPUB-GUWAHATIoJUNIORoCOLLEGEo VERSUSo THEoSTATEoOFoASSAMoANDo5oORSo REP.oBYoITSoSECY.,oREVENUEoSETTLEMENToDEPTT.,oDISPUR,oGHY-o6. 2:THEoUNDERoSECY.oTOoTHEoGOVT.oOFoASSAM oREVENUEoSETTLEMENToDEPTT. Page No.# 2/4 DISPUR GHY- 6. 3:THE SETTLEMENT OFFICER GUWAHATI RE-SETTLEMENT OPERATION ULUBARI. 4:THE DY. COMMISSIONER KAMRUP M GUWAHATI- 781001. 5:THE CIRCLE OFFICER DISPUR REVENUE CIRCLE DISPUR GUWAHATI. 6:THE COMMISSIONER OF POLICE GUWAHATI CITY PANBAZAR GUWAHATI- 781001 Advocate for the Petitioner : MS.D SHARMA Advocate for the Respondent : GA, ASSAM, MR. S BARUAH (R3 TO R6) BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI