Assam Industrial Development Corporation Limited and Anr v. The Union of India and 7 Ors

ORDER Date : 28.08.2024

Heard Mr. S. Das, learned counsel for the petitioners and Mr. B. Chakraborty, learned CGC for the respondent No. 1. Also heard Mr. R. Dubey, learned counsel for the respondent Nos. 2 to 8.

¶2In this petition, under Article 227 of the Constitution of India, the petitioners, Assam Industrial Development Corporation Ltd. and another, have Page No.# 3/4 put to challenge the correctness or otherwise of the order dated 01.08.2024, passed by the learned Civil Judge (Senior Division) No. 2, Kamrup(M), Guwahati, in Misc.(J) Case No. 703/2024, arising out of Title Suit No. 383/2024.

¶3Mr. Das, learned counsel for the petitioners submits that in Title Suit No. 383/2024, the petitioners have preferred one petition, being Petition No. 5030/2024, under Order 39 Rules 1 and 2, read with Section 151 of the Code of Civil Procedure, for granting temporary injunction against the opposite parties/respondents herein. But, vide order dated 01.08.2024, in Misc.(J) Case No. 703/2024, the learned Civil Judge (Senior Division) No. 2, Kamrup(M), Guwahati, while dispensing with the notice to be issued under sub-section (2) Section 80 of the Code of Civil Procedure, has issued notice to the opposite parties without considering the Petition No. 5030/2024, which was preferred for granting ad-interim temporary injunction against the opposite parties and the learned Civil Judge (Senior Division) No. 2, Kamrup(M), Guwahati has fixed the matter on 30.09.2024, for service report and written objection. Mr. Das, further submits that there is some urgency in the matter as the respondents are trying to dispossess the petitioners from the suit premises and accordingly, Mr. Das submits that the matter may be remanded back to the learned trial Court with a direction to prepone the date and to hear both the parties and to finally dispose of the petition.

¶4Per contra, Mr. Dubey, learned counsel for the respondent Nos. 2 to 8 submits that he has no objection in remanding the matter to the learned trial Court to prepone the date, but he submits that he may be given an opportunity to file objection before the learned Civil Judge (Senior Division) No. 2, Kamrup(M), Guwahati.

¶5In view of the submissions of learned Advocates of both sides and as Page No.# 4/4 consented, this Court is inclined to remand the matter back to the learned trial Court with a direction to prepone the next date, and after giving an opportunity to the respondents to file objection, to hear the matter and to dispose of the same in accordance with law.

¶6Accordingly, the parties are directed to appear before the learned Civil Judge (Senior Division) No. 2, Kamrup(M), Guwahati on 06.09.2024.

¶7Mr. Das, learned counsel for the petitioners undertakes to furnish the copies of the petition and other documents to Mr. Dubey, learned counsel for the respondent Nos. 2 to 8, during the course of the day.

¶8In terms of above, this revision petition stands disposed of. JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010166052024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oCRP(IO)/303/2024o ASSAMoINDUSTRIALoDEVELOPMENToCORPORATIONoLIMITEDoANDoANRo AoGOVERNMENToOFoASSAMoUNDERTAKING,oREGISTEREDoUNDERoTHEo COMPANIESoACT,o1956,oREPRESENTEDoBYoITSoASSISTANToMANAGERo LEGALoSMTIoMANASHIoPATHAKoANDoHAVINGoITSoREGISTEREDoOFFICEoAT R.G.oBARUAHoROAD,oGUWAHATI-781024. 2:oTHEoASSISTANToMANAGER oLEGAL oSMTI.oMANASHIoPATHAK oASSAMoINDUSTRIALoDEVELOPMENToCORPORATIONoLIMITED oR.G.oBAURAHoROAD oGUWAHATI-781024o VERSUSo THEoUNIONoOFoINDIAoANDo7oORSo REPRESENTEDoBYoTHEoSECRETARY,oCIVILoAVIATIONoOFoINDIAoRAJIVo GANDHIoBHAWAN,SAFDARJUNGoAIRPORT,oNEWoDELHI-110003. 2:AIRPORToAUTHORITYoOFoINDIA oAoSTATUTORYoBODYoUNDERoTHEoMINISTRYoOFoCIVILoAVIATION oGOVERNMENToOFoINDIA oREPRESENTEDoBYoITSoCHAIRMAN oRAJIVoGANDHIoBHAWAN oSAFDARJUNGoAIRPORT oNEWoDELHI-110003. 3:THEoCHAIRMAN oAIRPORToAUTHORITYoOFoINDIA oRAJIVoGANDHIoBHAWAN oSAFDARJUNGoAIRPORT oNEWoDELHI-110003. 4:THEoEXECUTIVEoDIRECTOR Page No.# 2/4 (LAND MANAGEMENT) AIRPORT AUTHORITY OF INDIA RAJIV GANDHI BHAWAN SAFDARJUNG AIRPORT NEW DELHI-110003. 5:THE AIRPORT DIRECTOR AIRPORT AUTHORITY OF INDIA LOKPRIYA GOPINATH BORDOLOI INTERNATIONAL AIRPORT GUWAHATI-15. 6:THE REGIONAL EXECUTIVE DIRECTOR (NER) AIRPORT AUTHORITY OF INDIA LOKPRIYA GOPINATH BORDOLOI INTERNATIONAL AIRPORT GUWAHATI-15. 7:THE CHIEF AIRPORT OFFICER LOKPRIYA GOPINATH BORDOLOI INTERNATIONAL AIRPORT GUWAHATI-15. 8:THE OFFICER-IN-CHARGE AIRPORT AUTHORITY OF INDIA LOKPRIYA GOPINATH BORDOLOI INTERNATIONAL AIRPORT GUWAHATI-15 Advocate for the Petitioner : MR. P P DAS, MR. SURAJIT DAS Advocate for the Respondent : DY.S.G.I., MS N B KAYASTHA(R- 2 TO 8),MR. R DUBEY(R- 2 TO 8),MS. A B KAYASTHA(R- 2 TO 8),MR. A N I HUSSAIN(R- 2 TO 8) BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN