SAJJA KUMAR JALAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) By this application under Article 226 of the Constitution the petitioner has brought to the notice of this Court the high handedness of the police officers and also the orders passed by the Chief Judicial Magistrate, Sibsagar in utter disregard to the provisions of law.

(2.) The petitioner had been occupying a left side room measuring 10 ft.x 45 ft. approximately in the ground floor of a R.C.C. building situated at L.K.B. Road, Amolapatty, Sibsagar, covered by Dag No. 1893 of P.P. Patta No. 1189 of Nugarmahal Mouza, Sibsagar belonging to the 9th respondent on an arrangement to pay rent at the rate of Rs.321/- per month. The 9th respondent wanted to evict the petitioner and, therefore, he filed a title suit (Title Suit No.- 68/94) in the Court of the Assistant District Judge, Sibsagar on the grounds mentioned therein. The petitioner occupied the said room on the basis of Annexure-1 Lease Deed. The suit was filed on the 7th of December, 1994. A few days thereafter i.e on 13th December, 1994, the 9th respondent filed an application before the Chief Judicial Magistrate- 8th respondent stating, inter alia, that the petitioner had been occupying the said premises under the 9th respondent as monthly tenant. However, he had not been paying rent though he stored materials in the said premises which emitted bad smell. It was also mentioned that the petitioner became insolvant and was unable to pay dues to the creditors. After enquiry the 9th respondent came to know that the petitioner had been living in Arunachal Pradesh. Finding no other alternative he approached the Chief Judicial Magistrate 8th respondent and prayed for an order directing the Officer-in-charge, Sibsagar P.S. to open the lock, to take stock of the materials after making an inventory and to hand over possession of the house to 9th respondent. The Chief Judicial Magistrate passed an order directing the officer-in-charge, Sibsagar Police Station to register a case, make investigation and to submit F.F.. at an early date. Thereafter, on 14.12.94 S.I.N.C. Borah, 0/C Sibsagar Police Stn. submitted a report. In the report it was specifically mentioned that the petitioner had been occupying the premises in question as a tenant under the 9th respondent. About 3 years back no occupied the said premises on an arrangement to pay rent a the rate of Rs. 1000/- per month. Thereafter, he left for Arunachal Pradesh "for his own purpose." In the said report the O.C. further stated thus

(3.) I have heard the counsel appearing on behalf of the parties.