Manik Sarkar 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 Page No.# 3/4 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 the instant writ petition was filed, this Court by an order dated

28.11.2018, 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. New 29 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. Page No.# 4/4

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

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010250502018 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/8121/2018 MANIKoSARKAR S/OoLATEoNIPENDRAoCHANDRAoSARKARo R/OoWARDoNO.o2 o oSARUPATHARoTOWN o oP.O.oSARUPATHARo P.S.oSARUPATHARo DIST.oGOLAGHAT oASSAM oVERSUS THEoSTATEoOFoASSAMoANDo4oORS. REP.oBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.oOFoASSAM o oURBANoDEVELOPMENToDEPARTMENT o DISPUR oGUWAHATIo-06. 2:THEoDIRECTORoOFoMUNICIPALoADMINISTRATION ASSAM oDISPUR oGUWAHATIo-06. o3:THEoSARUPATHARoTOWNoCOMMITTEE SARUPATHAR o DIST.oGOLAGHAT oASSAMo oREP.oBYoITSoCHAIRMAN. Page No.# 2/4 4:THE CHAIRMAN SARUPATHAR TOWN COMMITTEE SARUPATHAR DIST. GOLAGHAT ASSAM 5:THE EXECUTIVE OFFICER SARUPATHAR TOWN COMMITTEE SARUPATHAR DIST. GOLAGHAT ASSAM PIN - 785601. ------------ Advocate for : MR. B BORA Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 4 ORS. BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR