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2025 DAILYLAW 11414 (GAU)

PURNA CHUTIA v. THE UNION OF INDIA AND 4 ORS.

WP(C)/2966/2025 · 2025-06-01

Michael Zothankhuma

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010087542025 2025:GAU-AS:7072 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2966/2025 PURNA CHUTIA S/O LATE ADIRAM CHUTIA, R/O VILL- BALIGAON, P.O.- DHAKUAKHANA, DIST- LAKHIMPUR, ASSAM VERSUS THE UNION OF INDIA AND 4 ORS. REPRESENTED BY THE SECRETARY TO THE GOVT. INDIA, DEPARTMENT OF TELECOMMUNICATIONS, MINISTRY OF COMMUNICATIONS AND IT, GOVT. OF INDIA, SANCHAR BHAWAN, 20, ASHOKA ROAD, NEW DELHI- 110001 2:M/S DISHNET WIRELESS LIMITED 5TH FLOOR SPENCER PLAZA 769 ANNA SALAI CHENNAI-600002 3:CHENNAI NETWORK INFRASTRUCTURE LIMITED (CNIL) HAVING ITS REGISTERED OFFICE AT ALSA TOWER 6TH FLOOR 186 POONAMALLE HIGH ROAD KILPAUK CHENNAI-600010 4:THE BRANCH MANAGER CNIL ASSAM CIRCLE GTL INFRASTRUCTURE LIMITED 3RD FLOOR Page No.# 2/3 MAYUR GARDEN OPP. RAJEEV BHAWAN ABC BUS STOP BHANGAGARH G.S. ROAD GUWAHATI-781005 5:THE DISTRICT COMMISSIONER LAKHIMPUR ASSA Advocate for the Petitioner : MR. P K MAZUMDAR, MR. R K MAZUMDAR Advocate for the Respondent : DY.S.G.I., GA, ASSAM BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA ORDER 02.06.2025 Heard Mr. P.K. Mazumder, learned counsel for the petitioner, who submits that the petitioner is the absolute owner of a plot of land, out of which a portion of land measuring 2700 Square Feet was given to the respondent No.2 on lease for a period of 12 years, to be computed from 01.06.2007 to 31.05.2019. 2. The petitioner’s further case is that the lease period for the land by the respondent No.2 and 3 had ended and in this respect, the mobile tower that had been erected by the respondent Nos.2 & 3, was to be dismantled. However, the same not being dismantled, the petitioner approached the office of the Deputy Commissioner, Lakhimpur for a direction to be issued to the respondent Nos.2 & 3, to dismantle the mobile tower and to pay the outstanding amount to the petitioner. 3. The petitioner’s counsel submits that vide letter dated 21.06.2021, the Page No.# 3/3 Addl. Deputy Commissioner, Lakhimpur, North Lakhimpur wrote a letter to M/s GTL Infrastructure Ltd. to dismantle the mobile tower and to pay the petitioner his outstanding arrears. 4. The petitioner’s counsel submits that the respondents have not acted upon the letter dated 21.06.2021 issued by the Addl. Deputy Commissioner, Lakhimpur, North Lakhimpur till date. He accordingly submits that a direction should be issued to the respondents, to demolish the mobile tower constructed over the land of the petitioner. 5. On a bare perusal of the writ petition, it is clear that the dispute raised by the petitioner pertains to a dispute between private parties. As the present case is a dispute between private parties, this Court is of the view that the petitioner should approach the Civil Court, as no legal or fundamental right of the petitioner has been violated for redressal of his grievance. Accordingly, the writ petition is dismissed, with liberty to the petitioner to approach the appropriate Civil Court as per law, if so advised. JUDGE Comparing Assistant