Gabinda Deb v. Bijoy Krishna Dam and 5 Ors

ORDER Date : 28.11.2024 Heard Mr. S.K. Ghosh, learned counsel for the review petitioner. Also heard Mr. S. Banik, learned counsel for the respondent no.1 (writ petitioner).

¶2By filing this review petition, the petitioner, who was arrayed as respondent

no.6

in

WP(C) 1749/2022,

has

prayed

for review/modification/clarification of the order dated 20.01.2023, passed by this Court in the said writ petition.

¶3The learned counsel for the petitioner, by referring to the stand taken in paragraph-4 of the affidavit-in-opposition filed by the petitioner as respondent no.6 in the writ petition, has submitted that the stand of the petitioner therein was that his wife Smt. Subha Rani Deb (since deceased) was the owner of the land, referred therein, by virtue of the registered sale deed, referred therein. It is submitted that upon the death of his wife, the petitioner, being the husband, has a right of inheritance over the property left behind by his wife. Accordingly, it is submitted that the response by the earlier counsel appearing for the petitioner while responding to the Court's query in the writ petition that the petitioner is not the owner of the property in question, is an erroneous Page No.# 3/4 submission, which ought not to be allowed to extinguish the right of inheritance of the review petitioner over the property in reference.

¶4On the said stand of the petitioner, the learned counsel for the respondent no.1 has submitted that on 20.01.2023, when the matter was heard, to the specific query of the Court, the response as recorded in paragraph-3 of the order dated 20.01.2023 was given and there was no error in recording of the said statement.

¶5Be that as it may, in view if the stand taken by the petitioner by filing this review petition, the Court is inclined to clarify that notwithstanding the observation made in paragraph-3 of the order dated 20.01.2023, passed in WP(C) 1749/2022, the same shall not come in the way of the petitioner to assert his right, title and interest over the land and house referred therein. Accordingly, it is further clarified that the said order dated 20.01.2023 shall not come in the way of the petitioner, namely, Gobinda Deb to participate in the proceedings before the Karimganj Municipal Board (the name of the district has now been altered to Sribhumi).

¶6The learned counsel for the respondent no.1 has submitted that an order has been passed today i.e. 28.11.2024 by a coordinate Bench of this court in WP(C) 7620/2023, thereby granting 45 (forty five) days time to the Karimganj Municipal Board from 16.12.2024 to decide the representation by the respondent no.1. Accordingly, it is provided that notwithstanding the observation/direction contained in paragraph-6 of the order dated 20.01.2023, passed in WP(C) 1749/2022 in connection with the representation under reference, we further provide that the petitioner herein, if so advised, as well as the respondent no.1 shall appear before the competent authority under the Karimganj Municipal Board on or before 16.12.2024 so as to enable the said Page No.# 4/4 Board and its competent authority to examine and decide on the grievance of the parties, which are within its scope.

¶7Accordingly, the parties shall appear before the Karimganj Municipal Board on or before 16.12.2024, along with a certified copy of this order so that the dispute between the parties can be disposed of analogously.

¶8The direction contained in paragraph-3 and 6 of the order dated

20.01.2023 passed in WP(C) 1749/2022, stands modified and clarified to the extent as indicated above. Accordingly, this review petition stands allowed and disposed of.

¶9This order shall be read together with order dated 20.01.2023 passed in WP(C) 1749/2022. JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010142462023 ooooooo 2024:GAU- AS:11792-DB ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oReview.Pet./99/2023o GABINDAoDEBo S/O-oLATEoGAJENDRAoCH.oDEB,oR/O-oLONGAIoROAD,oWARDoNO-o3o(NEW),o P.O.-oSETTLEMENToROAD,oP.S.oANDoDIST.-oKARIMGANJ,oASSAM. VERSUSo BIJOYoKRISHNAoDAMoANDo5oORS.o S/O-oLATEoANILoRANJANoDAM,oRESIDENToOFoLONGAIoROAD,oWARDoNO.o2o (OLD)/3o(NEW),oP.O.-oSETTLEMENToROAD,oDISTRICT.-oKARIMGANJ,o ASSAM,oPIN-o788722. 2:THEoSTATEoOFoASSAM oREP.oBYoTHEoPRINCIPALoSECRETARYoTOoTHEoGOVT.oOFoASSAM oHOUSINGoANDoURBANoAFFAIRSoDEPTT. oDISPUR oGUWAHATI-o781006. 3:THEoDEPUTYoCOMMISSIONER oKARIMGANJ oASSAM. 4:THEoCIRCLEoOFFICER oKARIMGANJ oASSAM. 5:THEoEXECUTIVEoOFFICER oKARIMGANJoMUNICIPALoBOARD oKARIMGANJ oASSAM. 6:THEoCHAIRMAN Page No.# 2/4 KARIMGANJ DEVELOPMENT AUTHORITY KARIMGANJ Advocate for the Petitioner : MR H R A CHOUDHURY, MR. S K GHOSH,MR F U BARBHUIYA,MR. M ALAM,MR. M A CHOUDHURY Advocate for the Respondent : MS F AHMED, MS. AN HUSSAIN,MR. S BANIK BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA