Shipra Das v. Tinsukia Municipal Board and 2 Ors

ORDER

29.07.2024

Heard Mr. D Kalita, learned counsel for the petitioner as well as Mr. S S Roy, learned counsel appearing for the respondents. This is an application filed under Article 227 of the Constitution of India challenging the order dated 01.04.2024 passed by the learned Civil Judge (Jr. Division) No. 1, Tinsukia in T.S. No. 22/2022. The petitioner was granted permission by the respondents for constructing a wall in her land. After construction of the wall, the respondents found that the petitioner has constructed the wall in the middle of the public draining causing disturbance of flow of water through the drain. Therefore, the respondent no. 2 issued a Notice asking the petitioner to demolish the wall. Thereafter, the petitioner filed a suit being T.S. No. 22/2022 challenging the said Notice issued by the respondents. During the pendency of the suit, the petitioner filed a petition under Order 13 Rule 10 of the CPC calling for the original records of permission that was given to her by the respondents. The trial court rejected the said prayer stating that the prayer was made prematurely. The trial court further held that at the relevant time, the said prayer shall be considered by the court. After hearing the learned counsel for both the sides, I find no error in the impugned order. The trial court has correctly passed the order. Therefore, the present revision petition is found to be devoid of merit and stands dismissed accordingly.

JUDGE

Comparing Assistant

Page No.# 1/2 GAHC010126652024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/258/2024 SHIPRA DAS D/O LATE HEMENDRA CHANDRA DAS, RESIDENT OF WEST SRIPURIA, HARI SABHA ROAD, PO , PS AND DIST TINSUKIA, ASSAM 786145 VERSUS TINSUKIA MUNICIPAL BOARD AND 2 ORS REPRESENTED BY ITS CHAIRMAN 2:THE CHAIRMAN TINSUKIA MUNICIPAL BOARD 3:THE EXECUTIVE OFFICER TINSUKIA MUNICIPAL BOARD TINSUKIA RES. NO. 1 TO 3 ARE HAVING OFFICE AT G.N.B ROAD TINSUKIA TOWN PO PS AND DIST TINSUKIA ASSAM 78612 Advocate for the Petitioner : MR D KALITA Advocate for the Respondent : SC, TMB Page No.# 2/2 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA