DEVASHIS BARUAH
Anowaruddin Wakf Estate – Appellant
Versus
State Of Assam – Respondent
JUDGMENT :
Heard Mr. A.I. Ali, the learned counsel appearing on behalf of the petitioners and Mr. P. Nayak, the learned Standing Counsel appearing on behalf of the Respondent Nos. 1 to 5.
2. The instant writ petition has been filed by the petitioners complaining about the highhanded action on the part of the Respondent authorities in removing the kiosk/shop of the petitioners including the goods therein at the middle of the night of 12.07.2024 from the Petitioner No.1’s premises, that too, without issuance of any notice.
3. The brief facts leading to the dispute are narrated briefly infra. It is the case of the petitioners herein that a plot of land admeasuring 3 bighas 3 kathas and 9.93 lechas covered by Dag Nos.1498, 1500, 1502, 1503, 1653, 1654 and 1655 of KP No.585 under Mouza-Ulubari, Village-Ulubari in the district of Kamrup (Metro), Assam is a part of Anowaruddin Wakf Estate, i.e. the Petitioner No.1. The said plot of land is adjacent to the GS Road at Bhangagarh. In the said plot of land, the Petitioner No.2, who is the Mutawalli of the Petitioner No.1 had leased out a kiosk/shop to the Petitioner No.3 in order to allow him to open a shop to carry out food and beverage busines
Aligarh Muslim University & Others vs. Mansoor Ali Khan
Commissioner of Police, Bombay vs. Gordhandas Bhanji
Mohinder Singh Gill & Another vs. Chief Election Commission of India, New Delhi & Others
Statutory authorities cannot act on verbal instructions and must follow due process, including issuing notice before enforcement actions.
A decision by an authority impugned in a writ petition cannot be sustained if it fails to follow the directions in an earlier writ petition passed by a competent court.
The court directed the GMC to verify vendor permissions and evict unauthorized vendors from the market area, ensuring compliance with municipal regulations.
The court reaffirmed the principle that unauthorized constructions threaten public safety, necessitating swift enforcement of demolition orders under local municipal law.
Section 210 (1) (a) empowers the Commissioner to prescribe a street line for the first time without the prior approval of the Standing Committee (as has been done in the present case). It is only und....
The respondent authority is the lawful owner of the Final Plot No. 49 and therefore, unauthorized constructions of tin sheet sheds with iron angles and guarders are without any authority of Rules and....
The court emphasized the necessity of proper notice and adherence to procedural safeguards in administrative actions affecting property rights, ruling the demolition illegal due to failure to follow ....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.