ORDER

13.03.2024

1. Heard the learned counsel for the parties.

2. An order dated 24.09.2018 passed by the Deputy Commissioner, Charaideo in exercise of its power under Section 144 of Cr.P.C. is under challenge in the present writ proceeding.

3. To maintain peace and tranquility, a prohibitory order was promulgated prohibiting encroachment of the proposed reserved land of Archaeological Department of 300 M (prohibited and regulated area) periphery which was not under plantation.

4. By the said order, the petitioner was directed to remove fencing etc. along with new tea plantation in the above mentioned land. It is also noted that, it is the case of the petitioner that they themselves found out the archaeologically important area and intimated the Deputy Commissioner and they have not made any plantation in and around the said area.

5. As the order was passed under the provision of Section 144 of Cr.P.C., this Court sought instruction from the District Commissioner, Charaideo, as to whether the aforesaid order was extended beyond its period of 60 days.

6. Mr. S. Baruah, learned counsel representing the Deputy Commissioner, Charaideo on instruction has submitted that there was no further extension of the promulgation and / or the prohibition issued and there is no apprehension for present of any breach of peace and tranquility. The learned counsel for the petitioner submits that the company is now being managed by resolution professional under IBC.

7. Be that as it may, in view of the stand taken by the Deputy Commissioner, nothing survives to be adjudicated in the present writ petition. Accordingly, same stands closed.

8. The instruction dated 08.03.2024 received from the Deputy Commissioner, Charaideo is kept on record and marked as document “X”.

JUDGE Comparing Assistant Order downloaded on 26-07-2024 06:03:39 PM