Jayanta Kumar Deb vs State of Meghalaya

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Megh) 28

H. S. THANGKHIEW
Jayanta Kumar Deb – Appellant
Versus
State of Meghalaya – Respondent

Advocates Appeared:
For the Petitioners: Mr. L.R. Das with Ms. M. Chakraborty.
For the Respondents: Ms. S. Bhattacharjee, GA, Mr. S. Sen, SC MTC.

JUDGMENT :

1. These three analogous matters impugning the notice dated 24.08.2021 issued by the respondent MTC being similar in nature are being sought to be disposed of by this common judgment and order.

2. The brief facts of the case are that the petitioners are the tenants under the respondent No. 2 occupying the premises leased out to them for a certain period of time, as per their respective lease agreements.

3. The writ petitioners are aggrieved with the impugned notice wherein they have been asked to vacate the premises and hand-over vacant possession thereof within a period of 60(sixty) days from the receipt of the notice, failing which proceedings under the Meghalaya Public Premises (Eviction of Unauthorized Occupant) Act, 1980 would be initiated against them.

4. Heard Mr. L.R. Das, learned counsel for the petitioners who submits that the actions of the respondents are absolutely illegal and not in consonance with the due process, inasmuch as, the respondent No. 2 has initiated eviction proceedings from the premises without following the due process of law, by threatening them with action under the The Meghalaya Public Premises (Eviction of Unauthorized Occupant) Act, 1980.

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