Point of Law: Section 4 of Act of 1971 stipulates requirement of issuance of notice to show cause against order of eviction by Estate Officer upon forming an opinion that any persons are in unauthorised occupation of any public premises.

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 agreement having expired, the relationship between the petitioner as well as the respondent Corporation continued. On 06.08.2021, a show cause notice was issued by the Managing Director of the respondent Corporation whereby the petitioner was asked to show cause as to why an order of eviction should not be made. It is however relevant to take note of that a perusal of the said show cause notice nowhere shows that the said show cause notice was issued in terms with the provisions of the Assam Public Premises (Eviction of Unauthorized Occupants) Act, 1971 (for short, ‘the Act of 1971’).

3. The Petitioner, upon receipt of the said show cause notice, submitted a reply on 09.08.2021 stating inter-alia that the petitioner is entitled to remain in possession of the premises as he had not violated any of the Clauses of the Agreement entered into on 05.02.2003. It further appears that on 17.08.2021, the petitioner filed a suit before the Court of the Civil Judge, Sivasagar against the respondent Nos.1 & 2 herein seeking inter-alia for a decree declaring that the Agreement dated 05.02.2003 entered into by and between the petitioner and the respondent Nos.1 & 2 (the defendants therein) was still existing as well as in force; for a declaration that the petitioner being in lawful occupation and possession of the schedule property, the respondent Nos.1 & 2 herein (the defendants therein) were not entitled to evict the petitioner from the said schedule property without following the due procedure of law as well as for permanent injunction. The said suit was registered and numbered as Title Suit No.9/2021. In the said suit, the petitioner had also filed an Injunction Application under Order XXXIX Rule 1 & 2 read with Section 151 of the Code of Civil Procedure praying inter-alia for grant of a temporary injunction restraining the respondent Nos.1 & 2 herein from evicting the petitioner as well as from disturbing the peaceful possession of the petitioner and his men and agents over the schedule property appended to the application during the pendency of the suit. The said application was registered and numbered as Misc. (J) Case No.13/2021. It further reveals from the records that vide an order dated 18.08.2021, the learned Trial Court issued notice. This Court has also enquired with the learned counsels appearing on behalf of the parties who submitted that no order of injunction till date has been passed in Misc. (J) Case No.13/2021.

4. Be that as it may, on 21.08.2021, the respondent No.2 issued a communication stating inter-alia that the authorities of the ASTC had cancelled all the allotments/agreements (if any) issued earlier to the petitioner for occupying and running the business of motel/resort/dhaba named as Nandanban Resort at ASTC land premises at Jhanji, Sivasag