Kishore Roy v. The State of Assam and 6 Ors

ORDER

25.07.2024

Heard Mr.SS Ahmed, the learned counsel appearing on behalf of the petitioners. Also heard Ms. S Baruah, the learned counsel appearing on behalf of the respondent Nos.1, 2, 3, 4 and 5 and Mr. AK Sarma, the learned counsel appearing on behalf of respondent Nos.6 and 7.

¶2Both the writ petitions being in relation to the same subject matter are taken up together for disposal by this common order. Both the writ petitioners herein claim that they were allotted rooms measuring 6x8 sq.ft in the market complex under the Sapatgram Town Committee back in the year 2006 to hold their business. Both the petitioners used to pay their house rents from time to time and were not defaulters. A newly constructed market was made by the Sapatgram Municipal Board which was constructed after demolishing the premises which were allotted to the petitioners. Under such circumstances, both the writ petitioners requested for allotment of rooms in the new building. Apprehending that the petitioners would not be allotted the rooms, the instant writ petitions have been filed.

¶3This Court duly takes note of that pursuant to the filing of the instant writ petition and orders being passed, an affidavit-in-opposition was filed by the Page No.# 5/6 respondent No.7 in both the writ petitions. In paragraph 6 of the said affidavit-in-opposition, it is seen that names of both the writ petitioners appear in the Room Rent Register. It is also seen from the Resolution No.4 dated 11.07.2024, which has been enclosed as Annexure-A to the affidavit-in-opposition of the respondent No.7 that the Board has decided to give first preference to the persons, who were the actual occupant as per the records of the Office in the aforementioned temporary sheds and who continued their own business without break paying regular toll/rent etc., to the Municipal Office subject to fulfillment of other terms and conditions of the Board in respect of rent, improvement fees etc., to be fixed by the Assam Municipal Act, 1956.

¶4This Court having taken note of the contents of the writ petition as well as the affidavit-in-opposition, wherein it has been duly acknowledged that both the writ petitioners were the actual occupants as per the records in the Office and there is nothing to the effect that the petitioners were defaulters, this Court is of the opinion that the petitioners in view of the decision so taken by the Board in its meeting held on 11.07.2024 is required to be duly considered for allotment.

¶5This Court, however, makes it clear that the said consideration be made in favour of the petitioners subject to fulfillment of the other terms and conditions of the Board in respect of rent, improvement fees etc., which shall be fixed in terms of the Assam Municipal Act, 1956.

¶6In terms of the above, both the writ petitions stand disposed of.

¶7Interim orders, if any, shall stand vacated. Page No.# 6/6

JUDGE Comparing Assistant

PageoNo.#o1/6 GAHC010041622024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/1247/2024o KISHOREoROYo S/O-oLT.oKRISHNAoPADAoROY,o R/O-oVILL-oSAPATGRAMoWARDoNO.o5o(NEW)o P.O.oANDoP.S.-oSAPATGRAMo DIST.oDHUBRI,oASSAMo PIN-o783337. VERSUSo THEoSTATEoOFoASSAMoANDo6oORSo REPRESENTEDoBYoTHEoCHIEFoSECRETARYoTOoTHEoGOVERNMENToOFo ASSAM,o DISPUR,oGHY-6. 2:THEoSECRETARYoTOoTHEoGOVERNMENToOFoASSAM oMUNICIPALoADMINISTRATIONoDEPARTMENT oDISPUR oGHY-06. 3:THEoDIRECTORoOFoMUNICIPALoADMINISTRATION oASSAM oDISPUR oGHY-06. 4:THEoDISTRICToCOMMISSIONER oBAKSA oASSAM oPINo7833 5:SUB-DIVISIONALoOFFICERo(C) oBILASIPARA oDIST.-oDHUBRI Page No.# 2/6 ASSAM PIN- 783348. 6:THE EXECUTIVE OFFICER SAPATGRAM MUNICIPAL BOARD P.O. AND P.S.- SAPATGRAM DIST.- DHUBRI ASSAM PIN- 783337. 7:THE SAPATGRAM MUNICIPAL BOARD REPRESENTED BY THE CHAIRMAN SAPATGRAM MUNICIPAL BOARD P.O. AND P.S.- SAPATGRAM DIST. DHUBRI ASSAM PIN- 783337 Advocate for the Petitioner : MR. M U MONDAL Advocate for the Respondent : GA, ASSAM Linked Case : WP(C)/2056/2024 UTTAM MRIDHA S/O LT. GURISH CH. MRIDHA VILL.-SAPATGRAM WARD NO. 9 (NEW) P.O. AND P.S.- SAPATGRAM DIST.- DHUBRI ASSAM PIN- 783337. VERSUS Page No.# 3/6 THE STATE OF ASSAM AND 6 ORS. REP. BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM DISPUR. GHY- 6. 2:THE SECRETARY TO THE GOVERNMENT OF ASSAM MUNICIPAL ADMINISTRATION DEPTT. DISPUR GHY- 06. 3:THE DIRECTOR OF MUNICIPAL ADMINISTRATION ASSAM DISPUR GHY- 06. 4:THE DISTRICT COMMISSIONER DHUBRI ASSAM 783301. 5:SUB-DIVISIONAL OFFICER BILASIPARA DIST.- DHUBRI ASSAM PIN- 783348. 6:THE EXECUTIVE OFFICER SAPATGRAM MUNICIPAL BOARD P.O. AND P.S.- SAPATGRAM DIST.- DHUBRI ASSAM PIN- 783337. 7:THE SAPATGRAM MUNICIPAL BOARD REP. BY THE CHAIRMAN SAPATGRAM MUNICIPAL BOARD P.O. AND P.S.- SAPATGRAM DIST.- DHUBRI ASSAM PIN- 783337. ------------ Advocate for the petitioner(s): Mr. SS Ahmed Advocate for the respondent(s): Ms. S Baruah, Government Advocate Mr. AK Sarma Page No.# 4/6 Respondent Nos.6 and 7. B E F O R E HON'BLE MR. JUSTICE DEVASHIS BARUAH