Paresh Ingjal v. The State of Assam and 6 Ors

ORDER Date : 29.09.2023

¶1In view of the order passed in I.A.(Civil) No.2840/2023, the Respondent No.8 has been impleaded.

¶2While taking up the matter, it has been brought to the attention of this Court that the writ petition which has been filed by the Petitioner has already become infructuous taking into account that the relief which has been sought for have already been addressed to by the concerned Respondent Authorities.

¶3This Court at this stage finds it relevant to take note of that the Petitioner claiming to be the owner of a plot of land wherein the Respondent No.7 has been granted a building permission has lodged a complaint before the Chief Executive Officer, Guwahati Metropolitan Development Authority on 05.04.2022. It is on account of the inaction on the part of the Officials of the Guwahati Metropolitan Development Authority, the Petitioner has approached this Court by way of the instant writ petition.

¶4It is also seen that simultaneously another proceedings was initiated before the, Circle Officer, Dispur Revenue Circle as regards the rights over the land in Page No.# 4/5 question. During the course of hearing, it has been brought to the attention of this Court that pursuant to the application filed by the Petitioner before the Chief Executive Officer, Guwahati Metropolitan Development Authority, a Stop Construction Notice was issued to the Respondent No.7 vide a notice dated

30.07.2022. It is also seen that upon an enquiry being made by the Revenue Authorities, it has been found that the Petitioner has no rights over the land in question, rather the land belongs to the newly impleaded Respondent No.8. It is under such circumstances, the complaint which has been filed by the Petitioner on 05.04.2022 was closed by the Chief Executive Officer, Guwahati Metropolitan Development Authority thereby withdrawing the Stop Construction Notice. During the course of hearing, the order dated 29.05.2023 was placed before this Court and the same is kept on record and marked with the letter "X".

¶5The learned counsel appearing on behalf of the Petitioner submits that the Revenue Authorities have no jurisdiction to decide on the question of title and as such, the findings which have been arrived at by the Revenue Authorities that it is the Respondent No.8 who is the absolute title holder over the land in question is not tenable.

¶6Be that as it may, the question as to whether the Petitioner has title over the land in question or whether the Respondent No.8 has title over the land in question cannot be adjudicated by this Court. Under such circumstances, in view of the order dated 29.05.2023 as well as the findings of the Revenue Authorities to the effect that the Petitioner has no right over the land in question, nothing survives to be adjudicated by this Court for which this Court dismisses the instant writ petition.

¶7Before concluding, this Court however clarifies and observes that the dismissal of the instant writ petition shall not preclude or prejudice the Page No.# 5/5 Petitioner in initiating any appropriate proceedings before the competent Civil Court and the observations made hereinabove shall not affect the Petitioner in such proceedings, if so initiated.

JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010108102023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/1566/2023o PARESHoINGJAL S/O-oLATEoJIRANoMIKIRoINGJAL o R/O-oHOUSEoNO.o2 oGAONoBURAoPATH o JAPORIGOG oP.S.-oDISPUR oGUWAHATI-5 o DIST.-oKAMRUP(M) oASSAM o PIN-o781005. oVERSUS THEoSTATEoOFoASSAMoANDo6oORS REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.o OFoASSAM o HOUSINGoANDoURBANoDEVELOPMENToDEPARTMENT o ASSAMoSECRETARIAT oDISPUR o GUWAHATI-6 PageoNo.#o2/5 2:GUWAHATIoMETROPOLITANoDEVELOPMENToAUTHORITY REPRESENTEDoBYoITSoCHIEFoEXECUTIVEoOFFICER o STATFEDoBUILDING oBHANGAGARH o GUWAHATI. o3:THEoDEPUTYoCOMMISSIONER oKAMRUP(M) HENGRABARI oGUWAHATI oASSAM o PIN-o781006. o4:THEoADDITIONALoDEPUTYoCOMMISSIONER oKAMRUP(M) HENGRABARI oGUWAHTI oASSAM.o SRIoBIKRAMoCHETRIo(ENQUIRYoOFFICERoENTRUSTEDoINoORDERoDATEDo 09/09/2022oBEINGoMEMOoNO.oKRSo1137/2022/2981) o5:THEoCIRCLEoOFFICER oDISPURoREVENUEoCIRCLE KAMRUP(M) oASSAM o PIN-o781028. o6:STATEoINFORMATIONoCOMMISSION oASSAM REPRESENTEDoBY-oSTATEoINFORMATIONoCOMMISSIONER o GODAPANIoPATH oJURIPAR oPANJABARI o BEHINDoPoANDoRDoOFFICE o GUWAHATI-o781037. o7:M/SoK-6oCONSTRUCTION REPRESENTEDoBYoSRIoRAJoBARUAH o BANIKoCOMPLEX oOPPOSITEoAXISoBANK o RIHABARI oGUWAHATI. o------------ Page No.# 3/5 For the Petitioner(s) : Mr. B. P. Sarma, Advocate For the Respondent(s) : Mr. D. Doley, Advocate : Mr. G. Choudhury, Advocate : Mr. P. Nayak, Standing Counsel BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH