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2017 DIGILAW 161 (GAU)

SATYENDRA MOHAN ROY v. STATE OF ASSAM

2017-02-07

AJIT SINGH, MANOJIT BHUYAN

body2017
JUDGMENT : Ajit Singh, J. 1. This intra-court appeal is directed against the order dated 3.11.2014 passed by the learned Single Judge of this Court in WP(C) No.5727/2012, whereby he has rejected the appellant’s prayer for stay. 2. In WP(C) No.5727/2012, the appellant has challenged the eviction notice dated 21.11.2012 issued by the Dhubri Zilla Parishad requiring him to vacate the premises, in question. The appellant also filed an application for stay of the eviction notice. 3. Since the appellant was actually not occupying the property and is residing permanently at Guwahati in his own house, the learned Single Judge by the impugned order has rejected the prayer for stay of the eviction notice. 4. It is to be noted that the present appeal was admitted vide order dated 1.12.2015 without any order of interim protection in favour of appellant. We, therefore, instead of deciding the appeal on merit, deem it proper to request the learned Single Judge to hear and decide the writ petition itself, on an early date, preferably, within two months. 5. The Registry shall list the writ petition before the learned Single Judge, as per roster, in the next week. 6. With the above observation, the writ appeal stands finally disposed of.