ASHOK KUMAR GHOSH Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) THIS instant writ petition is directed against the impugned order dated 4.10.12.

(2.) THE petitioner's case in nut shell is that, "the petitioners have been in occupation of the premises being Red Hill Complex at Laitumkhrah, Shillong - 793003 for the past 35 years or more which they had rented from (L) N.C. Das Choudhury upon bonafide good faith as to the title of (L) N.C. Das Choudhury (and subsequently to his son Shri. Narayan Das Choudhury, after his demise) over the aforesaid complex. The petitioners had been running their petty business in the said premises such as Pan Shop cum PCO cum Grocery cum Tea Stall and Pan Shop respectively without any hindrance and upon which they are solely dependent for their livelihood, survival and maintenance of their families. However, on 23.05.2007 the petitioners were served with a (Notice Annexure -6 of Writ Petition) vide Case/File No. L. 14/6(3)2006/25 from the Office of the Deputy Commissioner, East Khasi Hills, Shillong under Section -3 of the Meghalaya Public Premises (Eviction of Unauthorised Occupants) Act, 1980. To show -cause as to why the petitioners should not be evicted from unauthorized occupation which came as a shock to the petitioners as they were unaware of the fact that the said complex belongs to Respondent No. 3 or Health Department, Government of Meghalaya. The petitioners replied to the show -cause and the proceedings were initiated against the petitioners in which they participated diligently as per the notice but the petitioners stopped did not received any Notice since the month of July, 2012 and upon enquiry, they were informed that the said Case/File has been misplaced. But suddenly on 4.10.12, the petitioners received an Order dated 4.10.12 from the Learned Additional Deputy Commissioner, Revenue (Respondent No. 5) in Case/File No. L.14/6(13)2006 thereby dismissing and disposing of the aforesaid case without any opportunity of being heard and notice to the petitioners and instead directing the respondent authorities to take immediate steps for eviction. Subsequently on 6.10.12, the respondent authorities without following the due procedure of law under Section -4 Sub -Section (1) and Section -8 Sub -Section (1) and (2) of the Meghalaya Public Premises (Eviction of Unauthorised Occupants) Act, 1980 or any notice of eviction and in sheer violation of the principles of natural of justice, equity and fair play or giving any other avenues or opportunity to the petitioners to opt for any legal recourse, came and demolished/dismantled the said premises on 6.10.12 upon which the petitioners livelihood and survival is dependent upon, more so, for a long period of 35 years or more. The petitioners being highly aggrieved by the illegal, arbitrary and malafide order of Respondent No. 5 dated 4.10.12 passed against the petitioners in Case/File No. L. 14/6(13)2006 and non - observance for the due procedures of law as provided under Section 4 Sub -Section(1) and Section -8 Sub -Section (1) and (2) of the Meghalaya Public Premises (Eviction of Unauthorised Occupants) Act, 1980 and forced and wrongful eviction of the petitioners and dismantling of the said Red Hill Complex premises on 6.10.12 by respondent authorities which caused grave injustice to the petitioners by illegal evicting the petitioners from the said premises without affording any opportunity as per law and thus wrongful depriving the petitioners from their only source of livelihood and sustenance have approached this Hon'ble Court for relief by way of this instant Writ Petition."

(3.) ON the other hand, Mr. S Sen Gupta, the learned GA submits that, there is nothing wrong with the impugned order dated 4.10.12 as ample opportunities were given to the petitioners to appear and take part in the proceeding but the petitioners failed to avail the said opportunities, as a result, the matter proceeded exparte and subsequently an order was passed on 4.10.12. Basis on the said order, the respondent demolished the unauthorised structures on 6.10.12.