STATE OF ASSAM Vs. BHAGWATI DEVI

JUDGEMENT

(1.) Heard the petitioner, appearing in person, and learned counsel for the respondents.

(2.) On 9.10.2003, the special leave petition filed by the respondents was dismissed, finding no merit in it. At the request of the learned counsel for the petitioners in the said special leave petition (respondents herein), time was granted to vacate the premises in question till the end of June 2004, subject to their filing usual undertaking to this Court. Instead of vacating the premises, the respondents filed Interlocutory Application No. 4 of 2004 seeking extension of time, pleading various grounds including that they have improved the premises in several ways. That interlocutory application was filed during vacation and this Court passed the order to list it after vacation. On 6.9.2004, the said interlocutory application was dismissed.

(3.) Today, the petitioner, appearing in person, submitted that the respondents have handed over the possession of the premises in question yesterday i.e. 12.9.2004 at 3.00 p.m. but he complained that in spite of the undertaking given to this Court to vacate the premises by the end of June 2004, they have overstayed in the premises till yesterday i.e. 12.9.2004. He also submitted that a lot of damage is caused to the premises; electricity and water charges are also not paid, etc.