Assam State Textbook and Anr v. The State of Assam and 6 Ors

ORDER

19.09.2023 Heard Mr. B. D. Goswami, learned counsel appearing for the writ petitioners. Also heard Ms. N. Bordoloi, learned Standing Counsel, Revenue Department, Assam appearing for the respondent No.1 and Mr. D. Gogoi, learned counsel appearing for the Assam State Textbook Production and Publication Corporation Limited i.e. the respondent No.6 herein. Mr. J. Handique, learned Government Advocate, Assam has appeared on behalf of the respondent Nos.2, 4 and 5. Mr. P. Nayak, learned counsel has appeared for the respondent Page No.# 3/4 No.3. The writ petitioner No.1 herein is a Union of the Assam State Textbook Corporation Employees Union and is represented by its General Secretary who is the petitioner No.2. Aggrieved by the agreement dated 19.09.2009 entered into by and between the respondent No.3 i.e. the Guwahati Metropolitan Development Authority (GMDA) and the respondent No.6 i.e. the Assam State Textbook Production and Publication Corporation Limited as well as the order dated 26.10.2007 requisitioning an area of land measuring 40.14 Are situated at village Sahar Guwahati Part-4 under Ulubari Mouza comprising of Dag No.440 of K.P. Patta No.269, the Employees Association have approached this Court inter-alia contending that the plot of land belonging to the respondent NO.6 is required for the purpose of building infrastructure viz., Godown for storing the textbooks for the Corporation and therefore, there was no justifiable ground for the authorities to requisition the aforesaid plot of land for construction of parking area. It appears that due to the pendency of this proceeding no further action was taken in the matter by the authorities and in the meantime, the agreement dated 19.09.2009 has also spent its force. As such, the aforesaid project is unlikely to materialise at this point of time as per the stand taken by the GMDA authorities themselves in their affidavit. Under the circumstances, the petitioners have argued that the land in question be de-requisitioned and returned to the Corporation. Mr. D. Gogoi, learned counsel for the respondent No.6 submits that he has instructions to support the case of the writ petitioners herein. The learned Government Advocate, Assam as well as the learned Standing Counsel, Page No.# 4/4 Revenue Department, Assam have also not opposed the prayer made by the petitioners' counsel. The learned counsel for the GMDA, Mr. P. Nayak, submits that he does not have any updated instruction in the matter. If the original agreement dated 19.09.2009 has become unenforceable, then it is apparent that the writ petition has also become infructuous in a way. However, since the land in question has not yet been de-requisitioned and in view of the stand taken by the learned counsel for the GMDA, a direction would be required to be issued by this Court to de-requisition the land. Accordingly, this writ petition stands closed by providing that the land in question shall be de-requisitioned by the authorities by following the due process of law. If the land is required to be put in use for any public purpose in the future, the same shall be done only after due consultation with the respondent No.6. With the above observation, the writ petition stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010132042013 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/6183/2013o ASSAMoSTATEoTEXTBOOKoandoANRo CORPORATIONoEMPLOYEES'oUNION,oAoREGISTEREDoUNIONoREP.oHEREINo BYoITSoGENERALoSECRETARYoSRIoRAMESHoCHANDRAoSARMA. 2:oSRIoRAMESHoCHANDRAoSARMA oS/OoLT.oB.oSARMAoR/OoPUBoGEETANAGARoP.S.oGEETANAGARoGUWAHATI-o 781024o VERSUSo THEoSTATEoOFoASSAMoANDo6oORSo REP.oBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.oOFoASSAM,o REVENUEoDEPARTMENT,oSACHIVALAYA,oDISPUR,oGUWAHATI-o781006. 2:THEoSECRETARYoTOoTHEoGOVT.oOFoASSAM oGUWAHATIoDEVELOPMENToDEPARTMENT oSACHIVLAYAoDISPUR oGUWAHATI-o781006. 3:GUWAHATIoMETROPOLITANoDEVELOPMENT oAUTHORITY oAoSTATUTORYoBODYoCORPORATEoUNDERoTHEoGUWAHATIo DEVELOPMENToDEPARTMENT oGOVT.oOFoASSAM oWITHoREGISTEREDoOFFICEoATo3RDoFLOOR oSTATEFEDoBUILDING oBHANGAGARH oGUWAHATI-o781005 oREP.oHEREINoTHROUGHoITSoCHIEFoEXECUTIVEoOFFICER. 4:THEoDEPUTYoCOMMISSIONERo-CUM- oCOLLECTOR oKAMRUPoMETROPOLITANoDISTRICT Page No.# 2/4 PANBAZAR GUWAHATI- 781001. 5:THE CIRCLE OFFICER GUWAHATI REVENUE CIRCLE OFFICE OF THE DEPUTY COMMISSIONER KAMRUP METROPOLITAN DISTRICT PANBAZAR GUWAHATI- 781001. 6:ASSAM STATE TEXT BOOK PRODUCTION AND PUBLICATION CORPORATION LIMITED REP. BY ITS MANAGING DIRECTOR PANBAZAR GUWAHATI- 781001 7:THE LIQUIDATOR STATEFED KHANAPARA GUWAHATI- 781022 Advocate for the Petitioner : MR.T CHUTIA Advocate for the Respondent : GA, ASSAM BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM