Deben Lahkar v. The State of Assam and 4 Ors

ORDER Date : 05.08.2024

The instant writ petition has been filed by the petitioner challenging the letter dated 03.10.2018 issued vide Memo No. SNS/28/99-2000/3008, dated 03.10.2018, by respondent No. 5 whereby, the allotment of the shop made in favour of the petitioner has been cancelled along with the trade licence.

¶2I have heard Mr. B. Bora, the learned counsel appearing on behalf of the petitioner and Ms. U. Das, learned Additional Senior Government Advocate for the respondent Nos. 1 and 2. None has appeared on behalf of respondent Nos. 3, 4 and 5 on call.

¶3This Court has duly taken note of the submission made by the learned counsel appearing on behalf of the petitioner that the impugned order, dated 03.10.2018, was passed without giving any reasonable opportunity to the petitioner and as such, the said impugned order is required to be interfered with. It is also seen from the records that when Page No.# 3/3 the instant writ petition was filed, this Court by an order dated

14.11.2018, had stayed the said order and thereupon the respondent No. 5 had issued a communication, thereby permitting the petitioner to run his allotted Room No. Old 119 of Sarupathar Daily Market.

¶4Taking into account that the impugned communication dated

03.10.2018, was passed without giving any opportunity to the petitioner, this Court, therefore, interferes with the communication dated 03.10.2018, whereby the petitioner's agreement was cancelled as well as his trade license. The said order dated 03.10.2018, therefore, stands set aside and quashed.

¶5Before parting with the record, this Court, however, observes that if there is any violation on the part of the petitioner to the clauses of agreement, the respondent authorities, more particularly, the respondent Nos. 3, 4 and 5 would be at liberty to take action against the petitioner by issuing a show cause.

¶6With the above observation, the writ petition stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010250502018 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/7734/2018o DEBENoLAHKARo S/O-oLToRUPESWARoLAHKAR,oR/O-oWARDoNOo4,oSARUPATHARoTOWN,oP.O.o SARUPATHAR,oP.S.oSARUPATHAR,oDIST-oGOLAGHATo(ASSAM) VERSUSo THEoSTATEoOFoASSAMoANDo4oORS.o REP.oBYoTHEoCOMM.oANDoSECY.oTOoTHEoGOVT.oOFoASSAM,oURBANo DEVELOPMENToDEPTT.,oDISPUR,oGHY-6 2:THEoDIRECTORoOFoMUNICIPALoADMINISTRATION oASSAM oDISPUR oGHY-6 3:THEoSARUPATHARoTOWNoCOMMITTEE oSARUPATHAR oDIST-oGOLAGHAT oASSAM oREP.oBYoITSoCHAIRMAN 4:THEoCHAIRMAN oSARUPATHARoTOWNoCOMMITTEE oSARUPATHAR oDIST-oGOLAGHAT oASSAM 5:THEoEXECUTIVEoOFFICER oSARUPATHARoTOWNoCOMMITTEE oSARUPATHAR oDIST-oGOLAGHAT oASSAM Page No.# 2/3 PIN- 78560 Advocate for the Petitioner : MR. B BORA, MR P S RAJA Advocate for the Respondent : GA, ASSAM, MR. M AHMED (R3, R4),MRS H M PHUKAN (R3, R4) BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR