THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM v. THE STATE OF ASSAM AND 2 ORS
Case at a glance
Provisions considered
- Assam State Housing Board Act, 1972 s. 54(1)(b)
- Constitution of India art. 226
Key paragraphs
- Para 33. According to the learned counsel for the petitioner the grievance of the petitioner is that he has been served with a notice dated 24.05.2023 for vacating the said flat within 7(seven) days. It is submitted that under the provisions of Section 54(1)(b) of the…
Judgment
Advocate for the Petitioner : MR. R PHUKAN Advocate for the Respondent : GA, ASSAM Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA Date : 02.06.2023 ORDER Heard Mr. R. Phukan, learned counsel for the petitioner and Mr. S. Baruah, learned Govt. advocate appearing for the respondent no.1 and Mr. N.K. Das, learned counsel appearing on behalf of Mr. T.R. Gogoi, learned standing counsel for the respondent nos. 2 and 3.
#2. The petitioner is in unauthorized occupation of LIG Flat No. O/4 under RHS at Nilachal Housing Complex, Bhetapara, Guwahati. It is projected that the petitioner came into possession through the original allottee, namely, Utpal Kumar Saikia.
#3. According to the learned counsel for the petitioner the grievance of the petitioner is that he has been served with a notice dated 24.05.2023 for vacating the said flat within 7(seven) days. It is submitted that under the provisions of Section 54(1)(b) of the Assam State Housing Board Act, 1972, the petitioner was entitled to one month’s notice and that he has a right to defend himself under sub-section (2) of section 54 thereof and accordingly, this writ petition is filed under Article 226 of the Constitution of India for setting aside and quashing of the notice dated 24.05.2023.
#4. In view of the nature of submissions made by the learned counsel for the petitioner, the Court is of the considered opinion that instead of keeping the matter pending , it would be appropriate to relegate the petitioner to approach the Commissioner, Assam State Housing Board (respondent no.3) and make a prayer for extension of time to vacate as per the provisions of Section 54(1)(b) Page No.# 3/3 of the said 1972 Act and on receipt of such representation, the Commissioner, Assam State Housing Board (respondent no.3) shall take note of the period of time as mandated in Section 54(1)(b) of the said 1972 Act and pass appropriate orders thereon and to dispose of the issue relating arising out of the eviction notice by complying with the provisions of section 54 of the said 1972 Act or any other relevant provisions.
#5. The petitioner shall produce a certified copy of the order before the office of the Commissioner, Assam State Housing Board (respondent no.3) along with the representation within 05.06.2023 for extension of time.
#6. Until an appropriate decision is taken on the representation filed by on/ or before 05.06.2023, the petitioner would not be evicted by the respondent no.3.
#7. With the aforesaid observation, this matter stands closed at the motion stage without issuance of notice on the respondent. JUDGE Comparing Assistant
Questions this judgment answers
Which statutory provisions did this judgment involve?
Assam State Housing Board Act, 1972 — s. 54(1)(b); Constitution of India — art. 226.
Which court decided this case, and when?
Gauhati High Court, on 02 Jun 2023. The bench was KALYAN RAI SURANA.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.