ALL ASSAM TENNIS ASSOCIATION Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. P.K. Goswami, learned senior advocate, assisted by Mr. B.P. Borah, learned counsel for the petitioners. Also heard Mr. D. Saikia, learned Advocate General, assisted by Mr. R. Borpujari, learned standing counsel for the Revenue Department, Mr. P. Nayak, learned standing counsel for the GMDA, and Mr. CKS Baruah, learned Government Advocate for the State.

(2.) On 24/5/2023, when this matter was called in motion stage, the learned Advocate General for the State had opposed the prayer for interim relief and undertook to file affidavit-in-opposition on 25/5/2023 on behalf of the Deputy Commissioner-cum- Collector, Kamrup (M) (respondent no.4), and accordingly, the matter was fixed for being listed in motion column on 26/5/2023 i.e. today. When the matter was called today, the Court was informed that the respondent no. 4 had filed an affidavit-in-opposition on 25/5/2023 and the petitioners had also filed its affidavit-in-reply today. Both the affidavits were called for and received from the filing Sec. . Accordingly, with the consent of all, the matter was finally heard at the motion stage.

(3.) The petitioner no.1 is an association under the name and style of All Assam Tennis Association. By an order dtd. 10/6/1999, land admeasuring 5 bigha covered by Dag No. 602 of Mouza- Beltola was allotted to the petitioner no.1 association, which was followed by allotment of another 3 bigha adjoining land to the petitioner no.1 association by order dtd. 4/7/2003. The petitioner no.1 association, with financial assistance and other support from the Government of Assam, constructed a Tennis stadium containing 6 (six) synthetic courts with four flood-lit courts. The petitioners claim that the petitioner no.1 has 350 members, and that through 6 (six) coaches including a Head Coach provided by Alexander Waaske Tennis University, Frankfurt, the petitioner no. 1 association conducts training programmes for the benefit of youths of age group between 6 to 18 years with the requisite paraphernalia. It also holds several State and National level tennis tournaments/ events. It is projected that the said tennis stadium was put to beneficial use in the National Games 2007.