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2025 Supreme(Online)(GAU) 9
HIGH COURT OF GAUHATI
MR. JUSTICE MANISH CHOUDHURY, J
BIMLESHWAR MAHADEV MANDIR PARICHALANA COMMITTEE – Appellant
Versus
THE STATE OF ASSAM AND 3 ORS – Respondent
WP(C) / 412 / 2025
MR. P K DEKA, MR. P DAIMARY, C S SARKAR, MR. I H LASKAR
The court determined that neither party had established valid possession of the land, leading to its attachment and the appointment of GMC as Receiver for future activities.
Headnote:
(A) Bharatiya Nagrik Suraksha Samita - Sections 164 and 165 - Dispute over land parcel donated for public use - The petitioner Society claimed rights over a temple and adjacent shed on the land, while the respondent Club contested this claim - Court found no valid possession established by either party and attached the land, appointing GMC as Receiver. (Paras 3, 4, 5, 6, 8)
(B) Authority of Receiver - The Receiver/Commissioner, GMC is directed to consider the petitioner's Representation for future activities on the land and pass a reasoned order within fifteen days. (Paras 6, 8)
Facts of the case:
The petitioner Society has been conducting religious activities on land donated to GMC, which was contested by the respondent Club. The Court noted the lack of formal permissions from GMC for activities on the land.
Findings of Court:
The Court ordered the attachment of the land, appointed GMC as Receiver, and prohibited both parties from organizing events without permission.
Issues: The main issues were the legal rights of possession over the land and the authority of the GMC Receiver regarding future activities.
Ratio Decidendi: The Court ruled that neither party established valid possession, thus necessitating the attachment of the land and the appointment of a Receiver to manage future activities.
Result: Writ petition disposed of with directions to GMC Receiver.
| Table of Content |
|---|
| 1. dispute over land parcel (Para 2 , 3) |
| 2. petitioner's representation (Para 4 , 5) |
| 3. gmc's submission (Para 6 , 7) |
| 4. disposal of writ petition (Para 8) |
| 5. clarification on merits (Para 9) |
| 6. final order (Para 10 , 11) |
ORDER :
(MANISH CHOUDHURY, J.)
Heard Mr. P.K. Deka, learned counsel for the petitioner; Mr. P. Nayak, learned Standing Counsel, GMC for the respondent nos. 1 & 2; and Mr. J. Handique, learned Junior Government Advocate, Assam for the respondent nos. 3 & 4.
2. The case of the petitioner is that the petitioner is a registered Society and in a plot of land which has been donated to the Gauhati Municipal Corporation by a public-spirited individual, the members of the petitioner Society had been offering various activities in a temple situated therein since a nos. of years.
3. On 06.09.2024, the respondent no. 4 has passed the following order in a proceeding registered under Section 164 and Section 165 of the Bharatiya Nagrik Suraksha Samita :-
In the matter of :
Kalapahar Astha Seva Samittee [First Party]
Vs.
Bimla Nagar Club [Second Party]
ORDER
This matter pertains to a dispute over a land parcel donated to the Guwahati Municipal Corporation [GMC] in 1981 by a public-spirited individual for constructing a children park. However, since no steps were taken by the GMC to develop this land for public use, local residents of Bimla Nagar took initiative to prevent unauthorized commercial construction on the land by erecting a small temple. Since its establishment, religious activities, including daily puja in the temple and major festivals such as Shivaratri and Ganesh Chaturthi, have been regularly performed at the said land parcel.
The first party, Kalapahar Astha Seva Samittee, constructed a permanent shed adjacent to the temple in 2021, claiming that it was donated to the temple as their office. The construction of the shed was completed in 2022. However, the second party, Bimla Nagar Club, subsequently contested the presence of the first party on the land. In preparation for the Ganesh Puja of 2024, the first party began organizing the event, but the second party objected, forcibly removing the first party from the office premises and halting their preparations.
Upon hearing the matter, the undersigned is of the opinion that the mere donation of a permanent shed to the Bimleswar Mahadev Temple by the first party does not create any legal rights of possession over the land or shed. It is further noted that for a period of two years, the second party did not object to the use of the permanent shed by the first party for organizing religious events, nor did the second party exclusively use the shed. This raises doubts over the claim of valid possession by either party.
Additionally, the Court finds that neither party sought formal permission from the GMC to organize events or construct structures on the said land.
In light of above facts and legal considerations, and under the powers vested in this Court by Section 164 and 165 of the Bhartiya Nagrik Suraksha Samita, it is hereby ordered:
1. Attachment of the Land Parcel: Since no valid possession has been established by either party, the disputed land parcel is hereby attached under Section 165 of the Bhartiya Nagrik Suraksha Samita.
2. Appointment of Receiver: The GMC is appointed as the Receiver for the said land. Any future activities, events, or religious functions on this land shall require prior permission from the GMC Receiver.
3. Prohibition of Activities by Parties: Neither Kalapahar Astha Seva Samittee [first party] nor Bimla Nagar Club [second party] shall organize or interfere in the upcoming Ganesh Puja on 7th September 2024, or any other events, without the express authorization of the GMC Receiver.
4. Public Order Maintenance: Both parties are hereby directed to maintain public peace and refrain from any further actions that may disturb the peace or provoke disputes over the land. Any violation of this order will attract legal consequences under the relevant
