CRP 226/2008. Gauhati High Court
| Case Number | CRP 226/2008 |
| Judgement Date | January 31, 2015 |
| Court | Gauhati High Court |
Ananda Nagar, Bilasipara Town,
P.S.- Bilasipara, District-Dhubri. … Petitioner/ plaintiff.
VERSUS
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The Chairman of Bilasipara Town Committee,
Bilasipara, District-Dhubri, Assam. …. O.P./ defendant.
BEFORE
THE HON’BLE MR JUSTI CE HRI SHI KESH ROY
For the petitioner : Mr. M.A. Sheikh
Mr. K.U. Ahmed. … Advocates.
For the O.P. : Mr. A.K. Sarma,
Mr. H. Deka,
Ms. P. Gogoi. … Advocates.
Date of hearing & Judgment : 31.1.2015.
JUDGMENT AND ORDER
Heard Mr. M.A. Sheikh, the learned Counsel appearing for the petitioner (plaintiff). The Chairman of the Bilasipara Town Committee (defendant) is represented by the learned Counsel Mr. A.K. Sarma.
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The Title Suit No.120/ 2002 was filed under Section 6 of the Specific Relief Act for restoration of possession of the shop room at Monohari Line of
the Chandina Bazar by alleging forcible dispossession by the Bilasipara Town Committee on 17.2.2002. Mandatory injunction was also prayed for a direction on the defendant to return the building materials for re-construction of the shop room. I n their W.S. the defendant Bilasipara Town Committee pleaded that the plaintiff illegally constructed a shop house in the Town Committee’s land without consent or approval. Consequently during the eviction drive against the encroachers carried out under supervision of the
Executive Magistrate, all the illegal constructions were demolished to free the Town Committee’s land from encroachers.
CRP No.226/2008
Page 1 of 3
after discussing all aspects and on the basis of finding on I ssue Nos.1 & 4, the suit was dismissed by refusing relief to the plaintiff.
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Thereafter the Title Appeal 13/ 2006 was filed but the appellant (plaintiff) applied for withdrawal of the Appeal. But the learned Civil Judge, Dhubri through his order dated 28.3.2008 dismissed the Title Appeal 13/ 2006 on contest. Thereafter this Revision petition is filed by the aggrieved plaintiff to challenge the dismissal of his suit as no appeal was maintainable against the Trial Court’s verdict.
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The removal of encroachment can be made under Section 159 of the Assam Municipal Act, 1956 (hereinafter referred to as “the Municipal Act” ).
For this purpose, the Board may issue a notice requiring any person to remove his encroachment and in the event of defiance, the encroachment can be removed with the help of Magistrate. I n this case, the learned Trial Court declared that serving of notice is discretionary under Section 159 of the Municipal Act and accordingly the...
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