Phanidhar Phukan v. The State of Assam and 5 Ors

ORDER Date : 27.11.2024

The petitioner herein is aggrieved by the issuance of the notice dated

22.10.2021 by the President and the Secretary of the Betioni Gaon Panchayat, Betioni, Golaghat, Assam whereby the petitioner was asked to appear in the public meeting which was organized on 25.10.2021 at 11.00 A.M. to find out a proper solution.

¶2Mr. L.K. Borah, the learned counsel appearing on behalf of the petitioner submitted that the petitioner apprehends, that the said Authorities shall Page No.# 3/3 dispossess the petitioner forcefully and as such has filed the instant writ petition. It is a well settled principle of law that a person who is in possession of a land can only be evicted by following the due process.

¶3Be that as it may, the issue involved in the instant writ petition was only asking the petitioner to appear in the public meeting to be held on 25.10.2021 and that to for arriving at a proper solution of the matter. Under such circumstances, this Court does not find a case has been made out for interference under Article 226 of the Constitution for which the instant writ petition stands dismissed.

¶4Be that as it may, this Court however, observes that if the petitioner is to be evicted, the same can only be done by following the due process.

¶5Interim order passed earlier stands vacated. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010221762021 ooooooo undefined ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/29/2022o PHANIDHARoPHUKANo S/O.oLT.oDURGESWARoPHUKAN,oR/O.oVILL.oNORAGAON,oP.O.oPADUMANI,o P.S.oGOLAGHAT,oDIST.oGOLAGHAT,oASSAM,oPIN-785621. VERSUSo THEoSTATEoOFoASSAMoANDo5oORSo REP.oBYoTHEoCOMM.oANDoSECY.oTOoTHEoGOVT.oOFoASSAM,oTHEoDEPTT.oOF REVENUEoANDoDISASTERoMANAGEMENT,oDISPUR,oGUWAHATI-06,o ASSAM. 2:THEoDEPUTYoCOMMISSIONER oGOLAGHAToDISTRICT oGOLAGHAT oASSAM oPIN-785621. 3:THEoCIRCLEoOFFICER oGOLAGHAToREVENUEoCIRCLE oGOLAGHAT oDIST.oGOLAGHAT oASSAM oPIN-785621. 4:THEoGOLAGHAToZILLAoPARISHAD oTHEoDEPTT.oOFoPANCHAYAToRAJoANDoRURALoDEVELOPMENT oREP.oBYoTHEoCHIEFoEXECUTIVEoOFFICER oP.O.oANDoP.S.oGOLAGHAT oDIST.oGOLAGHAT Page No.# 2/3 ASSAM PIN-785621. 5:THE BETIONI GAON PANCHAYAT DEKADULAKHARIA P.O. NABHETA DIST. GOLAGHAT ASSAM AND IT IS REP. BY THE SECRETARY PIN-785622. 6:THE SECRETARY THE BETIONI GAON PANCHAYAT DEKADULAKHARIA P.O. NABHETA DIST. GOLAGHAT ASSAM PIN-785622 For the Petitioner(s) : Mr. L.K. Borah, Advocate For the Respondent(s) : Ms. M. Barman, Jr. Govt. Advocate BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH