Bonoshree Saikia v. The State of Assam and 6 Ors

ORDER

29.10.2024 Heard Ms. R.R. Kakati, learned counsel for the petitioner. Also heard Mr. R.M. Das, learned Standing Counsel, ASTC, Mr. M. Chetia, learned Junior Government Advocate for the respondent No. 7 and Mr. R.B. Goswami, learned Standing Counsel, Transport Department.

¶2By way of this petition under Article 226 of the Constitution of India, the Page No.# 3/5 petitioner is seeking direction to the respondent authorities to hand over the vacant and peaceful possession of an area of 400 sq.ft. at ISBT as described in the NIT dated 02.01.2024.

¶3The facts of the case is that the respondent authority floated NIT dated

01.02.2024 inviting tender from the individuals and registered firm/Company or any other Commercial Organization for leasing out space measuring an area 400 sq.ft. for running a business at ISBT, Assam State Transport Corporation, Jorhat. The petitioner participated in the tender process and resulted as the highest bidder and accordingly, the said premises was allotted to the petitioner by letter dated 22.03.2024.

¶4Pursuant to the aforesaid allotment, an agreement was executed on

22.05.2024 between the petitioner and the respondent authorities for running business in the allotted space for a period of 3 (three) years w.e.f. 01.06.2024 to 31.05.2027 at a monthly Licence fee of Rs. 8,000/-. However, since despite of execution of the aforesaid agreement, the requisite space/area having not being handed over to the petitioner, the present writ petition has been filed.

¶5Ms. R.R. Kakati, learned counsel for the petitioner submits that despite repeated representation for allotment of the space, the respondent authorities have not allotted the subject space/area.

¶6On the other hand, Mr. R.M. Das, learned Standing Counsel, ASTC submits that in view of the encroachment by several shop keepers in the subject allotted space, the space could not be allotted to the petitioner.

¶7Mr. M. Chetia, learned Junior Government Advocate for the respondent No. Page No.# 4/5 7 submits on the basis of the instruction received by letter dated 26.09.2024 that the District Commissioner, Jorhat is not the competent authority to allot the area under question and the same being the prerogative of the ISBT, Assam State Transport Corporation, Jorhat Division, the said authority is entitled to take requisite measures to facilitate allotment of the space in question.

¶8I have given my prudent consideration to the arguments made by the learned counsels for the parties and have perused the materials available on record.

¶9It appears that because of the encroachment by 9 (nine) numbers of shop keepers in the subject area, the respondent ASTC, Jorhat Division could not allot the requisite space to the petitioner in terms of the Ageement dated

22.05.2024.

¶10In view of the aforesaid, this Court deems appropriate in the interest of justice, to dispose of this writ petition by directing the respondent ASTC to take necessary measures with the help of the District Administration to remove the encroachers from the subject space/area in accordance with law and make the subject space/area available to the petitioner in terms of the Allotment Order dated 22.03.2024 and Agreement dated 22.05.2024.

¶11Let the aforesaid exercise be completed within a period of 1 (one) month from the date of receipt of a certified copy of this Court's order.

¶12Accordingly, the writ petition stands disposed of.

¶13A copy of the instruction dated 26.09.2024 furnished by Mr. M. Chetia, Page No.# 5/5 learned Junior Government Advocate is kept on record and marked as 'X'.

JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010181742024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/4555/2024o BONOSHREEoSAIKIAo D/O-oSUSHILoSAIKIA,o RESIDENToOFoVILLAGE-oBARUAoBARIoGAON,o POSToOFFICE-oJORHAT,o POLICEoSTATION-oJORHAT,o DISTRICT-oJORHAT,oASSAM,o PIN-785101. VERSUSo THEoSTATEoOFoASSAMoANDo6oORSo REPRESENTEDoBoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEo GOVERNMENToOFoASSAM,o TRANSPORToDEPARTMENT,o GOVERNMENToOFoASSAM,o DISPUR,oGUWAHATI-o781006. 2:THEoMANAGINGoDIRECTOR oASSAMoSTATEoTRANSPORToCORPORATION oPALTANoBAZAR oGUWAHATI oPIN-o781008. 3:THEoCHIEFoENGINEERo(CIVIL) oASSAMoSTATEoTRANSPORToCORPORATION oPALTANBAZAR oGUWAHATI oPIN-o781008. 4:THEoASSISTANToEXECUTIVEoENGINEERo(CIVIL) oASSAMoSTATEoTRANSPORToCORPORATION oPALTANBAZAR Page No.# 2/5 GUWAHATI PIN- 781008. 5:THE CHIEF ENGINEER(CIVIL) ASSAM STATE TRANSPORT CORPORATION JORHAT PIN -781036. 6:THE DIVISIONAL SUPERINTENDENT IN-CHARGE ASSAM STATE TRANSPORT CORPORATION JORHAT PIN- 781036. 7:THE DISTRICT COMMISSIONER JORHAT DISTRICT JORHAT 785001 Advocate for the Petitioner : MR. K N CHOUDHURY, N GAUTAM,MS N MAHANTA,MISS. R R KAKATI Advocate for the Respondent : SC, TRANSPORT DEPARTMENT, ASSAM, GA, ASSAM,SC, A S T C BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI