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DISTRICT : AIZAWL
IN THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM &
ARUNACHAL PRADESH)
AIZAWL BENCH : AIZAWL
(CIVIL EXTRA-ORDINARY JURISDICTION)
W.P. C No. 43/2022
To,
The Hon’ble Justice Shri Rashmin Manharbhai Chhaya, the
Hon’ble Chief Justice of the Gauhati High Court and His Lordship’s
Companion Justices of the said Hon’ble Court.
IN THE MATTER OF:
An Affidavit-in-Opposition filed for and
on behalf of Respondent No.6 i.e. Shri
H. Lallianmawia R/oChaltlang, Aizawl,
Mizoram.
-AND-
IN THE MATTER OF:
Shri. Lalsangluaii Sailo
…… Petitioner
-Versus-
...
The State of Mizoram And 5 Others.
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….. Respondents
AFFIDAVIT-IN -OPPOSITION
I, Shri H.Lallianmawia Son of_____ residence of
Chaltlang,Aizawl, aged about __ years.
1. That I am the Respondent No. 6 in the present W.P.C No
43/2022.
2. That on being well acquainted with the facts and circumstances
of the case, I am competent to swear this Affidavit.
...4/-
3. That the brief facts leading to the case is that I brought a landed
property covered by Periodic Patta No. 570 of 1978 located at
Thingdawl, Lerhchhun, Kolasib District, Mizoram on 20 th
April,2017 from Shri David C. Thangliana Kolasib Venglai Mizo-
ram. I also brought the surrounding land and started planting
Areca Nut from 2017 onwards and I properly make cultivation in
my land. However, only in recent years , I came to know that
the Petitioner Smt Lalsangluaii Sailo renewed her Periodic Patta
No.189 of 2008 in the 2021 and the new land Pass overlapsed.
Infact, the land of Smt Lalsangluaii Sailo could not overlapsed
my land considering the boundary described in border docu-
ments it is presumed that the Petitioner Smt.Lalsangluaii Sailo,
taking the advantage of Land acquisition . As their have been
disputes
4. That the aforesaid being the position, there is no case against
the instant Respondent No. 4 in this instant Writ Petition inas-
much as the prayers in the Writ Petition simply confined the
minimization of air fares and to extend the services of Respon-
dent Nos. 6,7,8,9 &10 which are not the purview of answering
Respondent.
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5. That Writ Petitioner has no merit in the instant Writ Petition and
this Hon’ble Court has no jurisdiction to entertain and dispose of
the instant Writ Petition and hence the Writ Petition is liable to
be dismissed outright.
6. That the answering Respondent has no comment with respect to
the averments made in paragraph nos. 1 & 2 of the Writ Petition
but the Writ Petitioner is to strictly substantiate the same.
...5/-
7. That in paragraph no. 3 of the Writ Petition, it is stated inter alia
that the answering Respondent is one of the members of Air-
craft Acquisition Committee (ACC) who would be responsible for
service of the air flight. However, it is humbly submitted that
the answering Respondent has a very limited role in the func-
tioning of the said Aircraft Acquisition Committee (ACC), the role
is restricted only for giving approval for night parking stands at
the airports as such the answering Respondent would not have
any responsibility with the subject matter of the petition.
8. That the answering Respondent has no comment with respect to
the averments made in paragraph nos. 4, 5 & 6 of the Writ Peti-
tion.
9. That regarding the alleged responsibility of Respondent Nos. 4 &
5 in high rates of flight fares as mentioned in paragraph nos. 7
& 8 of the Writ Petition, it is humbly submitted that the func-
tions of Respondent no. 4 are to manage the airports, the civil
enclaves and the aeronautical communication stations effi-
ciently; to provide air traffic service and air transport service at
any airport and civil enclaves and the like nature as specifically
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given in the Airports Authority of India Act, 1994. Hence, the an-
swering Respondent does not have any role in deciding the rate
of fares and air services.
10.That the answering Respondent has no comment with regard to
paragraph nos. 9 & 10 of the Writ Petition.
...6/-
11.That the answering Respondent denied the statements made in
paragraph nos. 11 & 12 of the Writ Petition.
12.That since the answering Respondent i.e. the Airports Authority
of India has no role to play in the instant subject matter of the
case, the answering Respondent no. 4 may kindly be discharged
from the instant case.
13.That the statements made in paragraph nos. 1, 2, 3, 6, 7, 8, 9,
10, 11 & 12 in this Affidavit are true and correct to the best of
my knowledge and those made in paragraph nos. 4 & 5 in this
Affidavit are also true and correct based on advice and informa-
tion received from my counsels.
OATH
“I swear that this my declaration is true, that it conceals nothing,
and that no part of it is false, so help me God.”
In witness to this, I sign this Affidavit on this the ____ day of
May, 2016
Identified by me: DEPONENT
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Before me:
