Page No.# 1/5 GAHC010078692023 2025:GAU-AS:3936 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2036/2023 PANKAJ KUMAR BHAGAWATI AND ANR. S/O GOPAL CHANDRA BHAGAWATI R/O HOUSE NO. 4A CHUTURBHUJ PATH JAYANAGAR ROAD BELTOLA GUWAHATI 8 2: MALABIKA BHAGAWATI W/O PANKAJ KUMAR BHAGWATI R/O HOUSE NO. 4A CHUTURBHUJ PATH JAYANAGAR ROAD BELTOLA GUWAHATI 2 VERSUS THE STATE OF ASSAM AND 13 ORS. REP. BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM REVENUE AND DISASTER MANAGEMENT DEPTT. ASSAM SECRETARIAT DISPUR GUWAHATI 6 ASSAM 2:THE COMMISSIONER AND SECRETARY REVENUE AND DISASTER MANAGEMENT DEPTT. GOVT. OF ASSAM DISPUR GUWAHATI 6 ASSAM 3:THE JOINT SECRETARY REVENUE AND DISASTER MANAGEMENT DEPTT. ALLOTMENT AND SETTLEMENT BRANCH GOVT. OF ASSAM DISPUR GUWAHATI 6 ASSAM 4:THE DEPUTY COMMISSIONER DIVISION V SUPERMARKET DISPUR KAMRUP METROPOLITAN GUWAHATI 6 ASSAM 5:ADDITIONAL DEPUTY COMMISSIONER KAMRUP METRO LAND REVENUE BRANCH DISPUR 781006 ASSAM 6:THE CIRCLE OFFICER DISPUR REVENUE CIRCLE Page No.# 2/5 KAMRUP METROPOLITAN GUWAHATI 29 ASSAM 7:THE CHIEF EXECUTIVE OFFICER GUWAHATI METROPOLITAN DEVELOPMENT AUTHORITY BHANGAGARH GUWAHATI 5 ASSAM 8:THE COMMISSIONER GUWAHATI MUNICIPAL CORPORATION GUWAHATI 1 9:THE DEPUTY COMMISSIONER OF POLICE ADMINISTRATION POLICE COMMISSIONETART GUWAHATI PIN 871001 10:THE DEPUTY COMMISSIONER OF POLICE EAST DIST. POLICE COMMISSIONERATE GUWAHATI PIN 781019 11:THE ASSISTANT COMMISSIONER OF POLICE EAST DISTRICT BASISTHA GUWAHATI 781029 12:THE OFFICER IN CHARGE DISPUR POLICE STATION EAST POLICE DIST. GUWAHATI 6 13:IDBI BANK REP BY ITS MANAGING DIRECTOR HAVING ITS REGISTERED OFFICE AT IDBI TOWER WTC COMPLEX CUFFE PARADE COLABA MUMBAI 400005 ALSO HAVING ITS BRANCH AT KOLKATA MAIN BRANCH IDBI HOUSE 44 SHAKESPEARE SARANI KOLKOTA 700017 14:PUNJAB NATIONAL BANK REP. BY ITS BRANCH MANAGER HAVING ITS BRANCH AT ZOO ROAD R.G. BARUAH ROAD GUWAHATI 781005 ASSA Advocate for the Petitioner : R SARMAH, MR N PATIRI,MR J BORAH,MR. K KAKOTI,MR. R B PHOOKAN,MR K J HAZARIKA Advocate for the Respondent : GA, ASSAM, MR. A GANGULY (R-14),MR. S BORA (R-7 & R- 8),MR. N GOSWAMI (R-4, R-5, R-6, R-9 TO R-12),MR. A BHATTACHARJEE (R-1, R-2 & R- 3),MS. N M DEKA (R-13),SC, G M D A,SC, GMC,SC, REVENUE AND DISASTER MANAGEMENT DEPT,SC, PNB BEFORE HON’BLE MR. JUSTICE ARUN DEV CHOUDHURY ORDER 02-04-2025 1. Since the response from the respondent No. 13 is very vital for Page No.# 3/5 determination of this writ petition, the respondent No. 13 was granted a further opportunity to place his stand by this Court under its order dated 29.01.2025. However, none appears for the respondent No.13 though notices were served upon all the respondents including the respondent No. 13. In view of the aforesaid, this matter is taken up for final determination even in absence of the respondent No. 13. 2. Heard Mr. R. Sarmah, learned counsel for the petitioners and Mr. A. Bhattacharjee, learned Standing counsel, Revenue and Disaster Management Department for the respondent Nos. 1 to 3. Also heard Mr. H. Sarma, learned Government Advocate, Assam for the respondent Nos. 4, 5, 6, 9 to 12 and Mr. S. Bora, learned Standing counsel, GMC for the respondent Nos. 7 & 8. 3. The petitioners are aggrieved by the action of the District Administration with regard to the plot of land, which according to the petitioners, was duly purchased by a registered sale-deed. 4. It is the case of the petitioners that a plot of land, measuring 1 Katha 5 Lechas (3.28 Are approximately) was jointly purchased by them by a registered sale-deed bearing Registration No. 14044/2014 dated 24.12.2014 from the vendor, who had a valid title deed and such sale was for due consideration. The names of the petitioners were mutated on the strength of the registered sale deed. 5. It is also the case of the petitioners supported by materials that petitioners took a housing loan for constructing a house over the plot of land in question from the Punjab National Bank, Zoo Road Branch by depositing title deed and the loan account has regularly been maintained without any complaint from the bank. However, the petitioners were Page No.# 4/5 served with a copy of the communication issued by the Deputy Commissioner of Police (Administration), Guwahati to the Deputy Commissioner of Police, East, Police Commissionerate, Guwahati requesting for action of eviction to be carried out from the plot of land, which is identical in description of the land owned and possessed by the petitioners. 6. It is seen from the aforesaid notices, which are annexed as Annexure- 12 & Annexure-14 that such notices are not in the names of the petitioners. Subject of the aforesaid communications as regard an assessment of threat and requirement of manpower/force for the eviction duty. It is further seen from the aforesaid communications that such communications were issued on the basis of letter dated 03.01.2023 of the IDBI Bank Limited. The aforesaid notice reflects that police assistance was sought under Section 14 of the SARFAESI Act, 2002 for taking possession of properties mortgaged in loan account of one M/s Unison Infrastructure Pvt. Ltd. maintained at the respondent No. 13 bank. 7. The respondent No. 13, i.e., IDBI Bank Ltd. has opted not to appear before this Court and not to make its stand clear. The learned State counsel representing the police has submitted that as they have been requested, they intended to provide manpower for eviction duty. 8. In the considered opinion of this Court, until and unless, the respondent No. 13 justifies under what circumstances, such eviction notices were issued and how the petitioners are involved in any dispute, this Court is left with no option but to interfere with the purported eviction proposed to be carried out by the police inasmuch as neither the petitioners are shown to be secured creditor of respondent No. 13 IDBI bank nor request made by the bank is having any reference to the Page No.# 5/5 petitioners, rather the action was proposed/taken against the secured creditor, namely, M/s Unison Infrastructure Pvt. Ltd. 9. This Court has also seen that in the notices, land of the petitioners though seems to be identical but such notices were not relatable to the petitioners and there is no reflection of involvement of the petitioners either as loanee or guarantors. 10. In view of the aforesaid, no coercive action be taken against the petitioners on the basis of request made by the IDBI bank (respondent No. 13), so far the same relates to the land of the writ petitioners. Ordered accordingly. 11. It is needless to say that this order shall not cover any proposed action in respect of any other plot of land belonging to M/s Unison Infrastructure Pvt. Ltd. as the same is outside the purview of the present writ petition. 12. With the above observation and direction, this writ petition stands disposed of. JUDGE Comparing Assistant