Utpal Nagar Bhogargaon Unnayan Samity v. The State of Assam and 5 Ors

O R D E R

17.12.2024

Heard Mr. S. S. S. Rahman, the learned counsel appearing on behalf of the petitioner. Ms. U. Das, the learned Additional Senior Government Advocate appears on behalf of the respondent Nos.1 to 5.

¶2The petitioner herein has approached this Court alleging that the respondent No.6 has encroached the width of the road, namely, Swahid Path and thereby narrowed down the same.

¶3During the course of hearing, the learned counsel appearing on behalf of the petitioner submitted that the respondent No.6 is Page No.# 3/3 no longer in occupation of the land including the encroachment to the Swahid Path. He, however, submitted that the order so passed by this Court dated 01.04.2019 in WP(C) No.2514/2017 has not yet been complied with.

¶4Taking into account that the entire cause of action of the petitioner was on the basis that the respondent No.6 has encroached the Swahid Path and the respondent No.6 is no longer in possession, the entire cause of action of the instant writ petition no longer exists.

¶5Accordingly, this Court is not inclined to issue a writ in the instant proceedings.

¶6Be that as it may, if the petitioner is aggrieved by any obstruction so caused to the road in question, the petitioner would be at liberty to approach the respondent authorities by filing representation who shall duly take note of such representation in terms with the order so passed by this Court dated 01.04.2019 in WP(C) No.2514/2017.

¶7Accordingly, the instant writ petition stands closed.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010228882022 ooooooo undefined ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/7255/2022o UTPALoNAGARoBHOGARGAONoUNNAYANoSAMITYo REP.oBYoITSoSECRETARYoAMIYAoKUMARoKALITA,oS/O.oSRIoUPENDRAo CHANDRAoKALITA,oR/O.oSWAHIDoPATH,oKAHILIPARA,oP.O.oKAHILIPARA,o GUWAHATI-781019,oDIST.oKAMRUPo(M),oASSAM. VERSUSo THEoSTATEoOFoASSAMoANDo5oORSo REP.oBYoTHEoCHIEFoSECRETARYoTOoTHEoGOVT.oOFoASSAM,oDISPUR,o GUWAHATI-781006. 2:THEoDEPUTYoCOMMISSIONER oKAMRUPo(M) oLICHUBAGAN oP.O.oHENGERABARI oGUWAHATI-781036. 3:THEoCOMMISSIONER oGUWAHATIoMUNICIPALoCORPORATION oGUWAHATI-781001. 4:THEoCHIEFoENGINEER oGUWAHATIoMUNICIPALoCORPORATION oGUWAHATI-781001. 5:THEoCIRCLEoOFFICER oDISPURoREVENUEoCIRCLE oDISPUR Page No.# 2/3 GUWAHATI-781006. 6:DILIP RAJBONGSHI S/O. LT. PANESHWAR RAJBONGSHI R/O. SWAHID PATH KAHILIPARA ROAD P.S. DISPUR GUWAHATI-781019 KAMRUP (M) ASSAM For the petitioner (s) : Mr. S.S.S. Rahman, Advocate For the respondent (s) : Ms. U. Das, Addl. Sr. Govt. Advocate BEFORE HON'BLE MR. JUSTICE DEVASHIS BARUAH