Back
THE GAUHATI HIGH COURT, (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
ARUN DEV CHOUDHURY
Motilal Sarma, S/o. Late Siva Lal Sarma – Appellant
Versus
State Of Assam, Represented By The Commissioner And Secretary To The Government Of Assam – Respondent
| Table of Content |
|---|
| 1. overview of ownership dispute and eviction (Para 1 , 2 , 3 , 4 , 5) |
| 2. court's evaluation of illegal eviction (Para 6 , 9) |
| 3. authorities' failure to justify actions. (Para 7 , 8) |
| 4. court's order and consequences for non-compliance (Para 10 , 11 , 14 , 16 , 17 , 19) |
| 5. principles regarding illegal eviction and possession restoration (Para 12 , 13) |
| 6. conclusion and orders regarding compensation and future measures. (Para 15 , 18) |
JUDGEMENT :
(ARUN DEV CHOUDHURY, J.)
1. Heard Mr. S. Das, learned counsel for the petitioner and Mr.H. Sarma, learned Government Advocate, Assam, for the respondent Nos.1 to 3. No appears for the respondent No.4, though the name of the learned counsel for the said respondent is reflected in the cause list.
2. The case of the petitioner in a nutshell is to the following effect :
(i) The petitioner herein is the owner of a plot of land, measuring 2 Bighas, covered by Dag Nos. 20 & 21 under Patta No. 9 situated at Village- Nalaghat Nonke, Mouza- Boko, District- Kamrup, Assam. Along with the said 2 Bighas, the petitioner was also adversely possessing another plot of land, measuring 3 Kathas, 1 Lecha covered by Dag No. 60 under Patta No. 190 situated
Eviction of a person from land without lawful authority violates constitutional rights, necessitating restoration of possession and compensation for illegal actions by state officials.
Judicial intervention is not warranted in land disputes pending before a civil court; remedies must be sought within appropriate legal frameworks.
Judicial remedies must be pursued per statutory frameworks available for land disputes.
Eviction orders without jurisdiction and due process are null and void; only civil courts can adjudicate title disputes in cases involving bona fide claims.
The court established that eviction processes must respect individual rights and follow due legal procedures as outlined in the Assam Land and Revenue Regulation, 1886.
Administrative authorities cannot interfere in civil property disputes pending before a competent court, and dispossession must follow due process of law.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
