LAWS(GAU)-2007-1-26

SUJIT KUMAR DAS Vs. STATE OF ASSAM

Decided On January 19, 2007
SUJIT KUMAR DAS Appellant
V/S
STATE OF ASSAM Respondents

JUDGEMENT

(1.) This writ petition is directed against the proceeding initiated by the Addl. District Magistrate, Nagaon under S. 144, Cr. P. C. and the order passed therein. Further prayer made is for return of the shop premises in question from which the petitioner was allegedly dispossessed pursuant to the order in the said proceeding.

(2.) Shortly stated, the facts leading to the filing of the instant writ petition are that the petitioner's elder brother Dr. (Late) Ajit Kr. Das was the tenant of a shop premises under the landlord, the father of the respondent No. 5. Since 1954 (1-11-54) the shop premises is under Municipal holding No. 223 of Ward No. XV of Nagaon Municipal Board and was made use of for the purpose of business of medicine under the name and style of M/s. Radha Govinda Pharmacy which was later on renamed as M/s. Radha Govinda Medical Hall. Said Dr. Das expired on 15-1-86 and by virtue of family settlement, the petitioner had been looking after the management/affairs of the said Pharmacy and he had been using the same as tenant by making necessary payment of rent, tax etc.

(3.) The respondent No. 5 who inherited the property from his father including the shop premises filed an application under S.144, Cr. P. C. before the Addl. District Magistrate, Nagaon on 27-3-2002 against the petitioner with the prayer for an order directing the petitioner not to enter into the shop premises. Be it stated here that the shop premises as described in the schedule to the application is in the land measuring 15? lechas in P.. P. No. 1417, Dag No. 2686/2687 of Nagaon Town. As noticed above, the shop premises is with holding No. 223 in Ward No. 15 of Nagaon Municipal Board.