Sukanta Biswas v. The State of Assam and 2 Ors

ORDER

26.06.2024 Heard Mr. A. Ali, learned counsel for the petitioner. Also heard Mr. P. Naik, learned Standing Counsel, GMC for the respondent Nos. 1, 2 & 3. By filing the instant petition under Article 226 of the Constitution of India, the petitioner is assailing the Order of dated 22.01.2024 (Annexure-1), whereby his shop "Krishna Guru Juwellery" has been sealed by the respondent No. 3. An FIR was filed being Basistha P.S. Case No. 823/2023 registered under Section 457/380, wherein it has been alleged by the informant that the accused mentioned therein, has taken some jewelery ornaments worth Rs. 5 Lakhs and cash amount of Rs. 50,000/-. Thereafter, it appears that on the basis of the statement of one Teg Bahadur Chetry, the petitioner's shop was raided wherefrom, the stolen gold and the cash of Rs. 50,000/- and of Rs. 18,000/- were recovered and the petitioner was also arrested. In the meantime, the respondent No. 3 issued notice dated 22.01.2024, asking the petitioner to produce requisite documents pertaining to his shop within a period of 3 (three) days. However, since the petitioner was in custody, he could not submit the aforesaid documents, whereupon the respondent No. 3 sealed his shop. The petitioner, after being released on bail, submitted application dated

13.03.2024 before the respondent No. 3. However, the same was not accepted. Page No.# 3/3 It is submitted at the bar that the aforesaid application dated 13.03.2024 (Annexure-7) being pending, this writ petition can be disposed of with a direction to the respondent No. 2 to dispose of the aforesaid application, in accordance with law. As such, this Court disposes of this writ petition with a direction to the respondent No. 2 to dispose of the application dated 13.03.2024 filed by the petitioner within a period of 1 (one) month from the date of receipt of a certified copy of this order, in accordance with law. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010119432024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/3240/2024o SUKANTAoBISWASo S/O-oSRIoSACHINDRAoBISWAS,oR/O-oVILLAGEoUTTARoPAROKATA,o NORTHERNoSIDE,oN.F.oRAILWAYoLINE,oP.S.oCHAMALTOLA,oDIST.oALIPUR,o WESToBENGALoANDoPRESENToADDRESS-oBEHARBARI,oDEHALPATH,oP.S.o BASISTHA,oGUWAHATI,oDIST.oKAMRUP(M),oASSAM VERSUSo THEoSTATEoOFoASSAMoANDo2oORSo REPRESENTEDoBYoTHEoSECRETARYoTOoTHEoGOVERNMENToOFoASSAM,o GUWAHATIoDEVELOPMENToDEPARTMENT,oGUWAHATI-06. 2:THEoCOMMISSIONER oGUWAHATIoMUNICIPALoCORPORATION oGUWAHATI-05. 3:THEoDEPUTYoCOMMISSIONER oI/C oDISPURoZONE oGUWAHATIoMUNICIPALoCORPORATION oGUWAHATI-05o AdvocateoforotheoPetitionerooooo:oMR.oAoALIo AdvocateoforotheoRespondento:oSC,oGMCoo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI