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WA 367/2014. Gauhati High Court

Judgment Cited in Precedent Map Related
Vincent
Case NumberWA 367/2014
Judgement DateJanuary 24, 2021
CourtGauhati High Court

WA No.367/ 2014

BEFORE

HON’BLE THE CHI EF JUSTI CE MR. AJI T SI NGH HON’BLE MR. JUSTI CE SUMAN SHYAM

24.01.2017

(Ajit Singh, CJ)

Mr. SP Roy, Mr. RPN. Singh and Mr. K Rajbongshi, learned counsel for the appellant.

Mrs. A Verma and Ms. S Khanikar, learned counsel for respondent Nos. 2, 3 and 4.

This appeal is directed against an interlocutory order dated

15.10.2014 passed by the learned Single Judge of this High Court, whereby he has declined to grant interim relief in favour of the appellant in pending WP(C) No. 5227/ 2014.

According to the appellant, he is occupying government land measuring 15 Bighas 4 Kathas 1 Lecha situated at Village Chandrapur Bagicha, District Kamrup (M), which is within a tribal belt area, on which, he is operating brick industry. He claims to have applied for grant of patta of that land, but since he has been served with an eviction notice dated 13.6.2014 from it by the Deputy Commissioner, Kamrup (M) treating him as an encroacher, he rushed to file WP(C) No. 5227/ 2014 for a direction restraining his eviction. He also prayed for interim protection from being evicted.

The Deputy Commissioner, Kamrup (M), in reply, submitted that no land has been allotted to the appellant and he had been occupying the above-mentioned land illegally by making encroachment. The Deputy Commissioner, Kamrup (M) also made a statement that in an anti-encroachment drive, as many as 35 brick kilns, including that of appellant, have already been removed from the Government land.

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The learned Single Judge, vide order dated 15.10.2014, while issuing notice to the respondents in the writ petition, declined to grant interim protection from eviction of the...

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