WA 135/2017. Gauhati High Court

Case Number:WA 135/2017
Judgement Date:May 15, 2019
Court:Gauhati High Court
SUMMARY

Writ Appeals under the Gauhati High Court Rules

 
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WA No.135 of 2017

BEFORE

HON’BLE THE CHI EF JUSTI CE MR. AJI T SI NGH HON’BLE MR. JUSTI CE MANOJI T BHUYAN

1 5 .5 .2 0 17

( Aj it Sin gh , C.J.)

Mr. BD Goswami, learned Additional Advocate General, Arunachal Pradesh counsel for the appellant.

Mr.SK Medhi, learned senior counsel, assisted by Mr. A Das, learned counsel for the Respondent.

Heard on admission.

This intra court appeal is directed against the order dated 7.9.2016 passed by the learned Single Judge of this High Court, whereby he has allowed respondent’s WP(C) 476(AP)2016.

The respondent has retired from government service on 31.7.2015. The Deputy Commissioner of Papumpare District vide order dated 10.7.2007 had allotted a plot of land measuring 250 Sq.metres in favour of respondent’s wife, who constructed a building on it. On 3.8.2015, the Chief Estate Officer issued a show cause notice to the respondent alleging encroachment and unauthorised construction of multi-storied building. The respondent in reply submitted that notice should be issued to his wife as it is she who has constructed the building in question. I nstead of doing so, the Deputy Commissioner declined to issue No Objection Certificate in favour of the respondent, as a result of which, he has been denied retiral benefits. Aggrieved, the respondent filed WP(C) 476(AP)2016, which the learned Single Judge has allowed by the impugned order. The learned Single Judge has held that in similar matters direction has been issued to the Deputy Commissioner, Capital Complex, I tanagar, to issue the required No Objection Certificate within 30 days. The learned Single Judge has also directed the...

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