Gauhati High Court
Page No.# 1/7 vs The Assam State Commission For Women And … on 15 July, 2025
Author: Sanjay Kumar Medhi
Bench: Sanjay Kumar Medhi
Page No.# 1/7
GAHC010048832018
2025:GAU-AS:9152
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1517/2018
ASHWIN KR. MAHANTA
S/O. LT. SUBAL CH. MAHANTA, R/O. FLAT NO.2(C), HOUSE NO. -3, USHA
PRAFULLA MANSION APARTMENT, DINESH OJHA PATH, BHANGAGARH,
P.S. BHANGAGARH, DIST. KAMRUP (M), ASSAM
VERSUS
THE ASSAM STATE COMMISSION FOR WOMEN AND 2 ORS.
REP. BY ITS CHAIRPERSON BELTOLA, NEAR SHANKARDEV NETRALAYA,
GUWAHATI, ASSAM
2:THE LEGAL ADVISORY COMMITTEE
REP. BY THE MEMBER SECRETARY
OFFICE OF THE ASSAM STATE COMMISSION FOR WOMEN
BELTOLA
NEAR SHANDARDEV NETRALAYA
GUWAHATI
ASSAM
3:SMT. SABITA DAS
W/O. LT. NIRMAL CH. DAS
R/O. FLAT NO.4(C)
HOUSE NO.-3
USHA AND PRAFULLA MANSION APARTMENT
DINESH OJHA PATH
BHANGAGARH
P.S. BHANGAGARH
DIST. KAMRUP (M)
ASSA
Advocate for the Petitioner : MR. P P BORTHAKUR, MR H J TAMULI,MR M DAS
Advocate for the Respondent : MR A K SINGHA (R3), MR. B DEKA (R3)
Page No.# 2/7
BEFORE
Hon’ble MR. JUSTICE SANJAY KUMAR MEDHI
Advocate for the petitioner : Shri P.P. Borthakur, Advocate.
Advocates for respondents : Shri H. Sarma, GA-Assam,
Shri S. Gautam, Advocate, R-3.
Date of hearing : 15.07.2025
Date of judgment : 15.07.2025
JUDGMENT & ORDER
Heard Shri P.P. Borthakur, learned counsel for the petitioner. Also heard Shri
H. Sarma, learned Additional Senior Government Advocate for the official
respondents and Shri S. Gautam, learned counsel for the respondent no. 3.
2. The grievance of the petitioner in the instant case is against an order
dated 18.11.2017 passed by the Assam State Commission for Women in ASCW
Case No.202/2017. By the said order, the learned Commission has directed the
petitioner to vacate the tenanted premises within 30.04.2018.
3. As per the facts projected, the petitioner is a tenant of the respondent 3.
The said respondent no. 3 had however filed a complaint against the petitioner
before the respondent no. 1 – Commission. The said Commission, vide the
impugned order dated 18.11.2017 had directed the petitioner to vacate the
tenanted premises within 30.04.2018.
4. Shri Borthakur, learned counsel for the petitioner has submitted that the
aforesaid direction is absolutely without any jurisdiction as no such powers are
Page No.# 3/7
vested in the Commission. He has submitted that the petitioner is protected
under the Assam Urban Areas Rent Control Act, 1971, more specifically, Section
5 thereof and if at all, an action for ejectment is required, the appropriate forum
is required to be approached.
5. Shri Sarma, learned State Counsel has fairly submitted that the impugned
direction appears to be in excess of jurisdiction. He however submits that he
would not make any comments on the inter se merits of the allegations made
against the petitioner by the respondent no. 3, which is required to be proved in
accordance with the law.
6. Shri Gautam, learned counsel for the respondent no. 3 has informed that
in the meantime, the respondent no. 3 has in fact filed a title suit for ejectment
being T.S. Case No. 222/2018 in the Court of learned Civil Judge (Jr. Div. – 1),
Kamrup (M), which is pending.
7. The submissions advanced on behalf of the parties have been duly
considered.
8. This Court has noted that while issuing notice vide order dated
19.03.2018, this Court has directed that until further orders, the impugned
order shall remain suspended.
9. The powers to be exercised by respondent no. 1 – Commission have to be
within the prescription of law as laid down in the relevant statute, namely, the
Assam State Commission for Women Act, 1994. The preamble of the said Act
reads as follows:
“Whereas it is expedient to provide the constitution of a Commission
for furthering the fundamental rights guaranteed by Articles 14, 15
and 16 of the Constitution of India with respect to women and to
Page No.# 4/7give effect to the Directive Principles of State Policy and in particular
those enshrined in Articles 38, 39, 39A and 42 of the Constitution to
improve the status and dignity of women in the society, to
investigate into and take or suggest suitable remedial measures
against practices derogatory to women, to effectively monitor and
implement law affecting women and to advise Government and
matters related to the improvement and upliftment of status and
dignity of women in the society.”
10. The functions of the Commission are given in Section 10 of the Act, which
read as follows:
“Functions of the Commission
10.(1) The Commission shall perform all or any of the following
functions, namely:–
(a) investigate and examine all matters relating to the safeguards
provided for women under the Constitution and other laws;
(b) present to the State Government, annually and at such other
times as the Commission may deem fit, reports upon the working of
those safeguards;
(c) make in such reports, recommendations for the effective
implementation of those safeguards for improving the conditions of
women by the State;
(d) review, from time to time, the existing provisions of the
Constitution and other laws affecting women and recommend
amendments thereto so as to suggest remedial legislative measures
to meet any lacunae, inadequacies or shortcomings in such
Page No.# 5/7legislations;
(e) take up the cases of violation of the provisions of the
Constitution and of other laws relating to women with the
appropriate authorities;
(f) look into complaints and take suo moto notice of matters relating
to —
(i) deprivation of women’s rights;
(ii) non-implementation of laws enacted to provide protection
to women and also to achieve the objective of equality and
development;
(iii) non-compliance of policy decisions, guidelines or
instructions aimed at mitigating hardships and ensuring
welfare and providing relief to women, and take up the issues
arising out of such matters with appropriate authorities;
(g) call for special studies or investigations into specific problems or
situations arising out of discrimination and atrocities against women
and identify the constraints so as to recommend strategies for their
removal;
(h) undertake promotional and educational research so as to
suggest ways of ensuring due representation of women in all
spheres and identify factors responsible for impeding their
advancement, such as, lack of access to housing and basic services,
inadequate support services and technologies for reducing drudgery
and occupational health hazards and for increasing their
productivity;
Page No.# 6/7
(i) participate and advise on the planning process of socio-economic
development of women;
(j) evaluate the progress of the development of women under the
Union and any State;
(k) inspect or cause to be inspected a jail, remand home, women’s
institution or other place of custody where women are kept as
prisoners or otherwise, and take up with the concerned authorities
for remedial action, if found necessary;
(l) fund litigation involving issues affecting a large body of women;
(m) make periodical reports to the Government on any matter
pertaining to women and in particular various difficulties under
which women toil;
(n) any other matter which may be referred to it by the State
Government.”
11. Though the Commission is vested with certain powers with regard to the
protection of women, the power of ejectment of a tenant is not vested with
such Commission and such powers have to be exercised only in the process and
manner prescribed by law. It clearly appears that the direction contained in the
impugned order dated 18.11.2017 towards vacating the premises has been
passed in excess of jurisdiction or may be by overlooking the provisions of law.
12. It is a settled position of law that if a prescription is there for a certain
thing to be done in a certain manner, that thing has to be done in the said
manner only. In this regard, it would be convenient to refer and rely upon the
landmark judgment of the Hon’ble Privy Council in the case of Nazir Ahmad
Vs. the King Emperor reported in AIR 1936 PC 253 (II) wherein the
Page No.# 7/7
following observations were made-
“… The rule which applies is a different and not less well recognized
rule, namely, that where a power is given to do a certain thing in a
certain way the thing must be done in that way or not at all. Other
methods of performance are necessarily forbidden. …”
The Hon’ble Privy Council has also observed that the said doctrine has often
been applied to Courts and referred the case of Taylor Vs. Taylor reported in
(1875) 1 Ch.D 426.
13. This Court has also noted that the respondent no. 3 has in the meantime,
instituted a suit for ejectment.
14. That being the situation, this Court is of the opinion that the writ petition
warrants merit and accordingly the impugned order dated 18.11.2017 passed by
the respondent no. 1 – Commission, in so far as it pertains to vacation of the
premises by the petitioner is concerned, stands interfered with and is set-aside.
The interference by this Court will however not have any effect on the
proceeding for ejectment instituted by the respondent no. 3 which would be
decided on its own merits.
15. The writ petition stands allowed in the manner indicated above.
16. Cost made easy.
JUDGE
Comparing Assistant