Ajit Kumar Das v. State of Assam and 3 Ors

PageoNo.#o1/3 GAHC010079542022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWA/199/2022o AJIToKUMARoDASo S/OoLATEoRAJESWARoDASoR/OoVILL-oS.S.oROAD,oTILAPARA,oGOALPARA,o P.O.oDHARAI,oB.O.oDIST.oGOALPARA,oPINo-o783132,oSTATE-ASSAM VERSUSo STATEoOFoASSAMoANDo3oORSo REP.oHEREINoBYoTHEoSECRETARYoTOoTHEoGOVT.oOFoASSAM,oURBANo DEVELOPMENToDEPARTMENT,oDISPUR,oGUWAHATI-06. 2:THEoDIRECTOR oURBANoDEVELOPMENToDEPARTMENT oGOVT.oOFoASSAM oDISPUR oGUWAHATI-06. 3:THEoGOALPARAoMUNICIPALoBOARD oREP.oREHEINoBYoITSoCHAIRMAN oOFFICEoOFoTHEoMUNICIPALoBOARD o GOALPARA oASSAM-o783101. 4:THEoCHAIRMAN oGOALPARAoMUNICIPALoBOARD o oGOALPARA oASSAM-o783101o Page No.# 2/3 For the appellant : Mr. S. Chamaria, Advocate For the respondents : Ms. S. Konwar, Jr. Govt. Advocate, Assam For respondent Nos.1 and 2 Ms. M. Bhattacharya, Advocate For respondent Nos.3 and 4 – B E F O R E – HON'BLE THE CHIEF JUSTICE MR. VIJAY BISHNOI HON'BLE MR. JUSTICE N. UNNI KRISHNAN NAIR 08-05-2024

(Vijay Bishnoi, C.J.) By filing this intra-Court appeal, the appellant has challenged the order dated 08.12.2021 passed by the learned Single Judge in WP(C) 864/2019. Taking note of the fact that the Municipal Board, Goalpara owing an amount of Rs.8,47,239/- to the appellant, learned Single Judge has directed the Municipal Board, Goalpara to pay the appellant Rs.25,000/- every quarter with further direction that the same should be paid by the last week of the third month and the quarter will be counted from 1st January, 2022. Taking note of the fact that in addition to the amount of Rs.25,000/- quarterly, the appellant is also getting monthly pension regularly, we do not find any case for enhancing the quarterly payment as prayed for by counsel for the appellant. Hence, this writ appeal is dismissed. Needless to say that the Municipal Board will continue to pay Rs.25,000/- Page No.# 3/3 per quarter to the appellant as directed by the learned Single Judge till the whole dues are cleared along with monthly pension.

JUDGE CHIEF JUSTICE Comparing Assistant