Md. Dilwar Hussain v. The State of Assam and 8 Ors

ORDER Date : 30.06.2023

Heard Mr. S. Sahu, learned counsel for the petitioner as well as Mr. K. Page No.# 3/4 Gogoi, learned Addl. Senior Govt. Advocate appearing for the respondent nos.1, 2, 5 and 7.

¶2In view of the order proposed to be passed, issuance of notice on the respondents is dispensed with.

¶3By filing this writ petition under Article 226 of the Constitution of India, the petitioner has assailed a communication dated 14.02.2023 issued by the Chairman, Tezpur Municipal Board (respondent no.4) thereby directing the petitioner to stop construction within 3 days in view of the complaint made by the neighbor namely, Md. Anuwarul Hoque (respondent no.8).

¶4It is projected that he is carrying construction in terms of NOC for construction dated 26.10.2022. It is also projected that pursuant to receipt of the notice dated 14.02.2023, the petitioner had submitted a representation/ objection dated 20.03.2023 before the Chairman, Tezpur Municipal Board which has not yet been disposed of.

¶5Taking note of the projection made by the petitioner that against the stop construction notice dated 20.02.2023, the petitioner had submitted a written objection dated 20.02.2023, the Court is inclined to dispose of the writ petition at the motion stage without issuance of notice on the respondents by directing the respondent no.4 to carry out a joint inspection of the construction being made by the petitioner in the presence of the petitioner as well as the objector, Md. Anuwarul Hoque (respondent no.8) and respondent no.9, namely Md. Moinul Hoque. Page No.# 4/4

¶6The Chairman, Tezpur Municipal Board shall issue a notice by giving the date and time of inspection and will ensure that the inspection is carried out at the appointed time even if the parties fail to appear at the appointed time and thereafter, he would decide the complaint filed by the respondent no.8 dated 12.03.2022 by considering the reply submitted by the petitioner on

14.02.2023, within a period of 30 (thirty) days thereafter.

¶7In view of the directions as referred to hereinbefore, this writ petition stands disposed of.

¶8The petitioner shall produce a certified copy before the Chairman Tezpur Municipal Board (respondent no.4) to bring the order to the notice of the said authority.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010145942023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/3855/2023o MD.oDILWARoHUSSAINo S/OoLATEoJOINALoABDINo VILLAGEoTEZPURoNEPALIoPATTI,oWARDoNO.o13,oPOoANDoPSoTEZPUR,oDISTo SONITPUR,oASSAMo784001 VERSUSo THEoSTATEoOFoASSAMoANDo8oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.o OFoASSAM,oHOUSINGoANDoURBANoAFFAIRS,oANDoDIRECTORATEoOFo TOWNoANDoPLANNINGoDISPURoGUWAHATIo781006 2:THEoDIRECTOR oHOUSINGoANDoURBANoAFFAIRS oANDoDIRECTORATEoOFoTOWNoANDoPLANNINGoDISPURoGUWAHATIo781006 3:THEoTEZPURoMUNICIPALoBOARD oREPRSENTEDoBYoCHAIRMAN oMAHABHAIRAB oTEZPUR oASSAMo784001 4:THEoCHAIRMAN oTEZPURoMUNICIPALoBOARD MAHABHAIRAB oTEZPUR oASSAMo784001 5:THEoEXECUTIVEoOFFICER oTEZPURoMUNICIPALoBOARD MAHABHAIRAB Page No.# 2/4 TEZPUR ASSAM 784001 6:THE DEPUTY ENGINEER TEZPUR MUNICIPAL BOARD MAHABHAIRAB TEZPUR ASSAM 784001 7:THE DEPUTY DIRECTOR TOWN AND COUNTRY PLANNING MAHABHAIRAB TEZPUR ASSAM 784001 8:MD. ANUWARUL HAQUE S/O LATE HAZI RASIDUL HAQUE RESIDENT OF TEZPUR NEPALI PATTI WARD NO. 13 PO AND PS TEZPUR DIST SONITPUR ASSAM 784001 9:MD. MOINUL HOQUE S/O LATE HAZI RASIDUL HAQUE RESIDENT OF TEZPUR NEPALI PATTI WARD NO. 13 PO AND PS TEZPUR DIST SONITPUR ASSAM 78400 Advocate for the Petitioner : MR. S SAHU Advocate for the Respondent : GA, ASSAM BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA