GUWAHATI, India, Aug. 18 -- Gauhati High Court issued the following order on July 17:

1. The instant writ petition has been filed with the following prayers:

"In the premises aforesaid it is most respectfully prayed that this Hon'ble Court may graciously be pleased to admit this petition, call for the records and issue Rule, calling upon the Respondents to show cause as to why;

(A)a Writ in the nature of Mandamus should not be issued directing the Respondents to stay the proposed eviction at Beltoli Bazar under Nagaon Sadar Circle in Nagaon district till enquiry is completed by the Respondent No. 3 through District Development Committee (DDC) which was initiated on the representation dated 4-1-2024 (Annexure-4); (B)a Writ in the nature of Mandamus should not be issued directing the Respondents to initiate an enquiry as regard implementation of PMGSY Package No. AS-19-791 for construction of R.C.C. Bridge which is not a part of PMGSY Package No. AS-19-791; (C)a Writ in the nature of Mandamus should not be issued directing the Respondent No. 3 to dispose of the representation dated 4-1-2024 (Annexure-4) (D) any such other or further order should not be issued as may be deemed fit and proper under the facts and circumstances of the case.

And

Upon perusal of the records and hearing the parties the Rule may be made absolute.

And for this act of kindness the petitioners as in duty bound shall ever pray."

2. This Court vide order dated 04.03.2024 while issuing notice, had granted an interim protection by directing that the petitioners shall not be evicted from their land which is located at Beltoli Daily Bazar under Khagorijan Anchalik Panchayat till the returnable date. The matter was however not listed on the returnable date and in the meantime, two interlocutory applications being IA(C)/1486/2025 and IA(C)/2099/2025 have been filed for modifications / vacation of the interim order and in those two interlocutory applications, there is a direction for extension of the interim order.

3. Be that as it may, considering the subject matter involved, the writ petition along with the two interlocutory applications are taken up for disposal together.

4. I have heard Shri P.K. Roy Choudhury, learned counsel for the petitioners. I have also heard Shri S. Dutta, learned Standing Counsel, P&RD for the respondent no. 1, Shri A. Gayan, learned C.G.C. for the respondent no. 2, Shri D. Nath, learned Senior Government Advocate for the respondent nos. 3 to 8 and Shri P.K. Basu, learned counsel for the respondent no. 10.

5. The case projected in the writ petition is with regard to the apprehended eviction of the petitioners from their establishment in the area in question. It is projected that a PMGSY scheme under Package No. AS-19-791, namely "MRL05-Rupohigaon Uttar Etapara to Uttar Herapatty via Loagaon" is on for upgradation of a road from Rupohigaon Uttar Etapara to Uttar Herapatty via Laogaon. It is the case of the petitioners that as a part of the scheme, though one RCC Bridge has been sanctioned, there is actually no river or low-lying area on the said road requiring the RCC Bridge and in the projection of construction of the RCC Bridge, the eviction of the petitioners have been sought to be made.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=A9S7c5LDIsB6RXaCf816xwIsA%2FIrK4ntv1ChyY6zRzraWvIcb1ks%2BHCnFTWp84C0&caseno=I.A.(Civil)/1486/2025&cCode=1&cino=GAHC010097652025&state_code=6&appFlag=)

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