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2023 Supreme(Gau) 873

DEVASHIS BARUAH
Putul Gogoi, Son Of Late Debendra Nath Gogoi – Appellant
Versus
Assam State Transport Corporation, Rep. By Its Managing Director – Respondent


Advocates Appeared:
For the Petitioner: Mr. P. J. Saikia.
For the Respondents: Mr. J. Roy.

JUDGMENT :

The instant writ petition has been filed by the petitioner challenging the order dated 07.10.2021 issued by the respondent No.2 with a further prayer that the respondent authorities should not disturb the possession of the petitioner over the Nandanban Resort situated within the campus of ASTC Bus Station, Jhanji, Sivasagar during the pendency of Title Suit No.9/2021 and Misc. (J) Case No.13/2021.

2. The facts of the case as could be seen from the perusal of the writ petition and the documents enclosed thereto are that a Deed of Agreement was entered into by and between the Assam State Transport Corporation (ASTC) and M/S Nandanban Resort on 05.02.2003. The period of the said Agreement was mentioned to be three years w.e.f 01.01.2003 to 31.12.2006 and the monthly rent payable was Rs.10,000/-per month subject to various conditions stipulated therein. On the basis of the said Deed of Agreement, the petitioner continued to use and occupy the land and building described in Schedule-A to the said Agreement for carrying the business of Highway Resort at the new building and the land of the respondent Corporation. It is further seen that even after the period of the said agreem

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