Shiw Nath Singh v. State of Assam and 7 Ors

ORDER

23.01.2023 Heard Shri PK Sharma, learned counsel for the petitioner. Also heard Ms. M. Barman, learned State Counsel for the respondent nos. 1, 3, 4, 5, 7 & 8 and Shri S. Chamaria, learned counsel for the respondent no. 6.

¶2In this writ petition, a challenge has been made to a notice dated 01.12.2022 issued by the Tinsukia Municipal Board as well as Field Verification Report dated

29.03.2022. By the said notice, the Board has directed demolition of a part of the constructions of the petitioner.

¶3There is a chequered history of this case. Initially, the respondent no. 6 had lodged a complaint against deviation made in the construction by the present petitioner. As no action was taken by the Tinsukia Municipal Board, a writ petition was instituted before this Court by the said respondent no. 6 which was numbered as WP(C)/227/2022. In the said writ petition, the present writ petitioner who was arrayed as the respondent no. 5 had entered appearance. However, there was continuous default on the part of the respondent no. 5 in appearing through counsel, though the names of the learned counsel were reflected in the cause-list. Under those circumstances, this Court had disposed of the earlier writ petition being WP(C)/227/2022 vide an order dated 31.10.2022. This Court had directed that the complaint of the petitioner be looked into in accordance with law and had also referred to a Field Verification Report dated 29.03.2022 as per which, the deviations were apparent. The writ petition was accordingly disposed of with the aforesaid direction. Page No.# 4/4

¶4Pursuant to the said order passed by this Court, the present notice dated

01.12.2022 has been issued. The notice having emanated from the order of this Court, this Court is of a considered view that interference with the said notice would be a mechanical approach. In fact, an application for review of the earlier order which was registered as Review.Pet/11/2023 has been rejected by this Court, vide an order passed today i.e. 23.01.2023.

¶5This Court has also noticed while this writ petition was moved, an order was passed on 20.12.2022 wherein a similar observation was made and only to the extent that the petitioner be given an opportunity either to prefer an appeal or a review, an interim protection was granted.

¶6As observed above, this Court is of the unhesitant opinion that since the basis of the demolition notice is an order of this Court which is still intact; this Court is of the opinion that the present writ petition does not have legs to stand. However, not to cause any prejudice to any of the parties, the interim order passed on 20.12.2022 shall remain operative till 31.01.2023, by which time, the writ petitioner, if so advised, may prefer an appeal against the earlier order dated 31.10.2022.

¶7The writ petition accordingly stands disposed of. JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010257142022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/8085/2022o SHIWoNATHoSINGHo SONoOFoLATEoBANARASIoSINGH,oPERMANENToRESIDENToOFoSBIoCOLONY, MANAVoKALYANoROAD,o TINSUKIA,oDISTRICT-oTINSUKIA,o PIN-o786125. VERSUSo STATEoOFoASSAMoANDo7oORSo REPRESENTEDoBYoTHEoURBANoDEVELOPMENToDEPARTMENT,o GOVERNMENToOFoASSAM,o JANATAoBHAWAN,o1SToFLOORoD-BLOCK,o DISPUR,oGUWAHATI-o781006,o KAMRUP(M),oASSAM. 2:TINSUKIAoMUNICIPALoBOARD oGOVERNMENToOFoASSAM o REPRESENTEDoBYoITSoCHAIRMAN oGNBoROAD oTINSUKIA o DISTRICT-oTINSUKIA oPIN-o786125 oASSAM. 3:THEoEXECUTIVEoOFFICER oTINSUKIAoMUNICIPALoBOARD oGOVERNMENToOFoASSAM o GNBoROAD oTINSUKIA Page No.# 2/4 DISTRICT- TINSUKIA PIN- 786125 ASSAM. 4:TINSUKIA DEVELOPMENT AUTHORITY REPRESENTED BY ITS PRESIDENT CHALIA NAGAR TINSUKIA PIN- 786125. 5:THE DEPUTY COMMISSIONER TINSUKIA OFFICER OF THE DEPUTY COMMISSIONER GOVERNMENT OF ASSAM TINSUKIA PIN- 786125. 6:RISHU KALANTRI SON OF SRI RAJESH KALANTRI SBI COLONY MANAV KALYAN ROAD TINSUKIA PIN- 786125. 7:THE CIRCLE OFFICER TINSUKIA REVENUE CIRCLE TINSUKIA PIN- 786125. 8:THE ASSISTANT ENGINEER TINSUKIA MUNICIPAL BOARD GOVERNMENT OF ASSAM GNB ROAD TINSUKIA DISTRICT- TINSUKIA PIN- 786125 ASSAM Advocate for the Petitioner : MR. M MORE Page No.# 3/4 Advocate for the Respondent : GA, ASSAM BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI