SANJAY GOSWAMI BARUAH Vs. STATE OF ASSAM

JUDGEMENT

(1.) The writ jurisdiction of this Court has been sought to be invoked in these five writ petitions which have been filed with a similar cause of action. In the first writ petition, namely, WP(C)/1113/2023, vide an order dtd. 27/2/2023 an interim protection was granted and directed the matter to be listed on 3/3/2023. Two subsequent matters were moved on 28/2/2023 being, WP(C)/1156/2023 & 1159/2023 in which an order for analogous hearing on the motion stage with the earlier writ petition i.e, WP(C)/1113/2023 was fixed today. Further, it was observed that if the eviction was yet to be done, the same may not be carried out till the next date fixed i.e. 3/3/2023. Today, apart from the aforesaid writ petitions, two more writ petitions have been listed for motion being, WP(C)/1229/2023 & WP(C)/1256/2023. The principal challenge in all these writ petitions is against the action for eviction of the petitioners.

(2.) In the deliberations, which had commenced today, Shri D. Saikia, the learned Advocate General, Assam, clarified, at the outset that his argument would be based on the point of law and therefore, no affidavit-in-opposition is required to be filed. In that view of the matter, the writ petitions were taken up for disposal at the motion stage itself.

(3.) However, before going to the issue involved, it would be beneficial to record the facts of the cases in brief.