Mukul Borah and Anr v. The State of Assam and 5 Ors

ORDER Date : 04-03-2024 The learned counsel for the petitioner submits that he may allowed to withdraw the present writ petition and file a complaint before the Tezpur Municipal Board raising his grievance as regards the construction Page No.# 3/3 that has been carried out by the respondent No.6, inasmuch as the complaint already filed before the Municipal Board lacks details of his grievance. The learned counsel for the respondent No.6 submits that the respondent No.6 has instituted a suit seeking declaration of right title and interest and injunction against the present petitioner which is pending before the competent authority in Tezpur and the petitioner has also filed their written statement. Therefore, the matter can be decided in the suit itself. Without entering into the merit of the claim, this court is of the view that as the petitioner wants to withdraw the instant writ petition and approach the municipal authorities against construction that has been carried out by the respondent No.6, the petitioner shall be allowed to withdraw the petition. Accordingly, the writ petition stands allowed with a liberty to approach appropriate forum available under law. While parting with the record it is made clear that this court has not determined anything on the right of the petitioner and the respondent No.6.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010001052023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/60/2023o MUKULoBORAHoANDoANR.o S/O-oLATEoMAHENDRAoBORAH,o R/O-oGHARPORAoCHUBURI,o B.RoROAD,o P.OoANDoP.S-oTEZPUR,oDIST-oSONITPUR,oASSAM,oPIN-784001 2:oDEEPAKoBORAH oS/O-oLATEoMAHENDRAoBORAH o R/O-oGHARPORAoCHUBURI o B.RoROAD o P.OoANDoP.S-oTEZPUR oDIST-oSONITPUR oASSAM oPIN-78400o VERSUSo THEoSTATEoOFoASSAMoANDo5oORS.o -oREPRESENTEDoBYoTHEoSECRETARYoTOoTHEoGOVT.oOFoASSAM,o MUNICIPALoADMINISTRATIONoDEPARTMENT,oASSAMoSECRETARIAT,o DISPUR,oGUWAHATI-06. 2:THEoDEPUTYoCOMMISSIONER oSONITPUR oDIST-oSONITPUR oASSAM 3:THEoTEZPURoMUNICIPALITYoBOARD oREP.oBYoITSoCEO o TEZPUR Page No.# 2/3 DIST- SONITPUR ASSAM 4:THE CHAIRMAN TEZPUR MUNICIPALITY BOARD REP. BY ITS CEO TEZPUR DIST- SONITPUR ASSAM 5:THE ENGINEER TEZPUR MUNICIPALITY BOARD REP. BY ITS CEO TEZPUR DIST- SONITPUR ASSAM 6:ATUL BORAH S/O- NAGEN BORAH (KOCH) R/O- GHARPORA CHUBURI B.R ROAD P.O AND P.S- TEZPUR DIST- SONITPUR ASSAM PIN-78400 Advocate for the Petitioner : MR. R PHUKAN Advocate for the Respondent : GA, ASSAM BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY