Gauhati High Court
Sri Sri Sarbojonin Durga Puja Committee vs The State Of Assam & 5 Ors on 5 May, 2016
Author: Suman Shyam
Bench: Suman Shyam
WA No.230 of 2015
BEFORE
HON'BLE MR. JUSTICE AJIT SINGH, THE CHIEF JUSTICE
HON'BLE MR. JUSTICE SUMAN SHYAM
05.05.2016
(Ajit Singh,C.J.)
Mr.S S Sarma and Mr. BJ Mukhearjee, learned counsel appearing for the
appellant. Mrs. B Goyal, Mrs. U Baruah, Mr. MU Mahmud, Mr. KM Haloi and Mr.
AK Deka, learned counsel for the respondents.
This intra court appeal is directed against the order dated 25.5.2015 passed by the learned Single Judge of this High Court whereby he has dismissed appellant's WP(C) No.532/2009.
2. The land in question i.e. area 2 kathas 13 lechas covered by Dag No.1327 (old) 265 (new) situated at Bongaigaon Part-VII admittedly belongs to the Assam State Transport Corporation (in short "Corporation"). Earlier, it was in possession of Bongaigaon Municipality. The Corporation, therefore, filed WP(C) No.181/1999 for a direction against Bongaigaon Municipality to vacate the land. The writ petition was disposed of vide order dated 11.5.2006 directing eviction of Bongaigaon Municipality. Thereafter, WA No.192/2006 was preferred by Bongaigaon Municipality and it too was dismissed vide order dated 6.6.2006. The Corporation, thus, came to occupy the land from Bongaigaon Municipality. And it is over this very land, the appellant constructed a platform where deities of Durga, Laxmi, Kali, Saraswati etc. were also installed for performing pujas. Apprehending eviction from the land, the appellant filed WP(C) No.532/2009 for a direction against the Corporation not to dispossess and performance of pujas be allowed to continue. The appellant pleaded occupation of the land in question through Bongaigaon Municipality.
3. The learned Single Judge disagreed with the appellant and dismissed the petition on the ground that eviction of the Bongaigaon Municipality having been upheld and confirmed by the High Court, the appellant occupying the land through Bongaigaon Municipality cannot claim that he should be allowed to continue with the possession. The learned Single Judge also noted that for all practical purposes, the appellant was evicted after the structure where pujas were being performed was demolished on 29.1.2009.
4. Before us also the learned counsel for appellant fairly admitted that the structure was demolished on 29.1.2009. He, however, stated that pujas on a temporary platform are still being performed. As already stated above, the appellant is not the owner of land in question. The appellant claim possession of the land through Bongaigaon Municipality against which eviction has already been confirmed in a legal proceeding and it has also been evicted from the land. The appellant, therefore, has no right to remain in possession of the land. The appellant should immediately shift the deities gracefully from the land to some other place for doing pujas.
The appeal has no merit and is accordingly dismissed.
JUDGE CHIEF JUSTICE santanu