Pradip Sengupta v. Uma Das and 3 Ors

ORDER Date : 26-02-2024 Heard Mr. Sishir Dutta, learned Senior Counsel assisted Ms. S. Mochachari, learned counsel for the petitioner. Also heard Mr. R. De, learned counsel for the caveators/respondent Nos. 1 and 2 and Ms. R. Saha, learned counsel for the respondent No. 4.

¶2By this writ petition, the petitioner is questioning the construction of a G+4 building in the neighbourhood as being illegally constructed by respondent Nos. 1 and 2 through the respondent No. 3 who is the developer.

¶3After considering the totality of the matter, this Court is of the opinion that it would be appropriate to have an enquiry conducted by the respondent No. 4 i.e. Bongaigaon Municipality Board as regards the allegation of the petitioner in connection with the construction of the building in question.

¶4In view of the above, this writ petition stands disposed of with a direction that the petitioner shall submit a representation before the respondent No. 4 i.e. Municipality Board and upon receiving the same, the respondent No. 4 shall conduct an enquiry and do the needful in accordance with law after giving due opportunity to all the parties concerned.

¶5It is needless to clarify that the aforesaid exercise shall be preferably completed within a period of two months from the date of receipt of certified copy of this order.

With the above observations and directions, this writ petition stands Page No.# 3/3 disposed of.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010035832022 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1470/2022 PRADIP SENGUPTA S/O LATE SUNIL RANJAN SENGUPTA, R/O WARD NO. 16, NATUNPARA, DOLAIGAON PART-II, P.O. AND P.S. AND DIST-BONGAIGAON, ASSAM- 783380 VERSUS UMA DAS AND 3 ORS W/O SRI ANUP KR. DAS 2:SMTI. MALA KUNDU W/O SRI DEBASISH KUNDU R/O WARD NO. 10 BONGAIGAON TOWN P.O. AND P.S. AND DIST-BONGAIGAON ASSAM 3:MD. AFRUDDIN S/O MD. WAKIL R/O WARD NO. 10 BONGAIGAON TOWN P.O. AND P.S. AND DIST-BONGAIGAON ASSAM 4:BONGAIGAON MUNICIPALITY REPRESENTED BY THE EXECUTIVE OFFICER/CHAIRMAN BONGAIGAON-783380 ASSA Advocate for the Petitioner : MR SISHIR DUTTA Advocate for the Respondent : MR. R DE (FOR CAVEATOR) Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI