ASSAM JUDICIAL SERVICE ASSOCIATION Vs. STATE OF ASSAM

JUDGEMENT

(1.) By this petition under Article 226 of the Constitution of India, the petitioner prays for a Writ of Certiorari quashing the order of settlement bearing No. RSS. 155/71/PI./215 dated 28.9.93 thereby settling a plot of land measuring 1 Katha, 17 Lechas of land covered by Dag No. 657(part) of Sarania town. Part - II under Ulubarl Mouza in favour of the Respondents Nos. 8 and 9.

(2.) Few basic facts may now be noted : The petitioner is an association of Judicial Officers. According to them about 32 officers belonging to Assam Judicial Service are posted in Guwahati in various capacities. There is acute shortage of official quarters for these officers. Recently a dispute arose between the Respondent No. 3 and Respondent No. 6 over allotment of an official quarter to a Munsiff which had to be resolved. Several representations were submitted by the petitioner to the Government of Assam for alloting a suitable plot of land for consttuction of quarters for Judicial Officers who are members of the petitioner Association. Respondent No. 3 on 7.1.89 submitted report. Aonexure-1 to the Respondent No. 1 recommending settlement of 2 Bighas 2 Kathas 12 Lechas of land situated within Sahar Sarania Block No. 2 covered by Dag No. 657 (part) in Chandmari, Guwahati which was found suitable for construction of official quarters for Judicial Officers as there are other quarters of judicial officers on the same dag. The Revenue Department of the Government of Assam by letter No. RSS/43/89/14. Annexure-III alloted the aforesaid land in the name of Judicial department for construction of quarters of Judicial Officers with the condition that the land must be utilised for the purpose within 3 years. Accordingly on 16.3.89 Respondent No. 3, directed Respondent No. 7, S.D.C., Gauhati to deliver possession of the land to a representative of Judicial department and to correct land records and official map. Copy of the said letter endorsed to the respondent No. 6, District Judge, Kamrup is filed as Annexure-IV. Possession of land measuring 2 Bighas, 2 Kathas, 12 Lechas covered by Dag No. 657(part) was also delivered to Shri Chittaranjan Sarma, (Special Judicial Magistrate, Gauhati) then Secretary of the petitioner Association. Accordingly, official map and land records corrected by Respondent No. 7 as per Annexure-V. The allotment of the land as stated above was followed by a grant of Rs. 70,66,000.00 sanctioned under the award of 9th Finance Commission as Central Assistance for construction of quarters of Judicial Officers.

(3.) It was at the insistance of the petitioner association, respondent No. 2 requested Secretary, P.W.D. (Building) Assam for issuing administrative approval for construction of a four-storried R.C.C. building with two units in each floor. It was accordingly issued as per Annexure-VI. The respondent No. 4, Chief Engineer, P.W.D. (Building) informed the respondent No. 6 vide Annexure- VII that tenders for construction of building had already been invited upon completion of official formalities, and work order for construction of R.C.C. building awarded to the Contractor by Additional Chief Engineer, P.W.D. (Building) on the said plot as per Annexure-VIII. Similarly another work order, Annexure-IX for construction of 4-storied R.C.C. building on the aforesaid plot of land was also issued by respondent No. 4 to the contractor. By September '93 ground floor of the said four storried R.C.C. building was not only completed but possession was also given to two Judicial Officers.