Bittu Das v. The State of Assam and 4 Ors

ORDER

09.02.2024

The instant writ petition has been filed by the petitioner challenging the letter dated 03.10.2018 issued vide Memo No.SNS/28/99-2000/3008 dated

03.10.2018 by respondent No.5 whereby the allotment of the shop made in favour of the petitioner has been cancelled along with the trade licence.

¶2I have heard Mr. B Bora, the learned counsel appearing on behalf of the petitioner and Ms. U Das, learned Additional Senior Government Advocate for the respondent Nos.1 and 2. None has appeared on behalf of respondent Nos.3, 4 and 5 on call.

¶3This Court has duly taken note of the submission made by the learned counsel appearing on behalf of the petitioner that the impugned order dated

03.10.2018 was passed without giving any reasonable opportunity to the petitioner and as such the said impugned order is required to be interfered with. It is also seen from the records that when the instant writ petition was filed, this Page No.# 3/3 Court by an order dated 27.02.2019 had stayed the said order and thereupon the respondent No.5 had issued a communication, thereby permitting the petitioner to run his allotted Room No. New 30 of Sarupathar Daily Market.

¶4Taking into account that the impugned communication dated 03.10.2018 was passed without giving any opportunity to the petitioner, this Court, therefore, interferes with the communication dated 03.10.2018 whereby the petitioner's agreement was cancelled as well as his trade license. The said order dated 03.10.2018, therefore, stands set aside and quashed.

¶5Before parting with the record, this Court, however, observes that if there is any violation on the part of the petitioner to the clauses of agreement, the respondent authorities, more particularly, the respondent Nos.3, 4 and 5 would be at liberty to take action against the petitioner by issuing a show cause.

¶6With the above observation, the writ petition stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010041212019 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/1307/2019o BITTUoDASo S/O.oSRIoBADALoCHANDAoDAS,oR/O.oWARDoNO.2,oSARUPATHARoTOWN,oP.O. SARUPATHAR,oP.S.oSARUPATHAR,oDIST.oGOLAGHAT,oASSAM. VERSUSo THEoSTATEoOFoASSAMoANDo4oORS.o REP.oBYoCOMM.oANDoSECY.oTOoTHEoGOVT.oOFoASSAM,oURBANo DEVELOPMENToDEPTT.,oDISPUR,oGHY.-06. 2:THEoDIRECTORoOFoMUNICIPALoADMINISTRATION oASSAM oDISPUR oGUWAHATI-06. 3:THEoSARUPATHARoTOWNoCOMMITTEE oSARUPATHAR oDIST.oGOLAGHAT oASSAMoREP.oBYoITSoCHAIRMAN. 4:THEoCHAIRMAN oSARUPATHAR oDIST.oGOLAGHAT oASSAM. 5:THEoEXECUTIVEoOFFICER oSARUPATHARoTOWNoCOMMITTEE oSARUPATHAR Page No.# 2/3 DIST. GOLAGHAT ASSAM-785601 Advocate for the Petitioner : MR. B BORA Advocate for the Respondent : GA, ASSAM BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH