KAILASH CHAND JAIN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. D. P. Chaliha, learned Sr. counsel assisted by K. Baruah, learned counsel for the petitioners and also heard Mr. R. K. Bora, learned State Counsel appearing on behalf of the official respondents.

(2.) The only grievance of the writ petitioners in this writ petition is that the house and building (hereinafter referred to as 'the premises' of the petitioners situated at Khanapara covered by Dag No. 17 (old), 341 (new) under K.P. Patta No. 47 with an area of 1 Bigha 3 Kathas 10 Ls was requisitioned in the month of May, 1973. Initially the premises were requisitioned for the purpose of police outpost. Then it was occupied by the Commandant 60 Bn, C.R.P.F. Later on the same was taken over by the police from Commandant 60 Bn. C.R.P.F. in the year 1979 for accommodation of the D.I.G. Border, Assam, Guwahati and since then the premises have been in continuous possession of the D.I.G. Border on rental basis, but in view of such continuous requisition of the premises, the petitioners have suffered irreparable loss and injury. That apart, the rent so fixed for such purposes, has also not been paid regularly. The petitioners have further contended that de- spite their protracted requests for release of the premises from requisition, the competent authority has not taken any steps for releasing the same as well as the outstanding rents. Even the Deputy Commissioner, Kamrup has also made several communications to the Police Authority for de-requisition of the premises and payment of arrear rent till date to the petitioners. To support his such contentions, the petitioners have annexed the communications dated 18.5.94, 4.8.94 and 6.2.95 as Annexures A,B and C respectively.

(3.) Contesting the statements made in the writ petition, the Official respondents have filed their affidavit-in-opposition wherein it had been stated that due to the non availability of the accommodation, the requisitioned premises cannot be handed over to the petitioners and efforts are being made to get alternative accommodation for shifting of the houses from the present accommodation of the petitioners.