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Judgment
1) Heard Mr. D.P. Chaliha, learned senior counsel, assisted by Mr. I. Ahmed, learned counsel for the petitioner and also heard Mr. M. Barman,
learned Government Advocate appearing for respondent nos. 1, 2 and 3 and Mr. S. Chouhan, learned counsel who appears for the respondent no.4.
2) At the outset it may be mentioned that though the learned counsel has appeared for the respondent no.4 upon instructions, but he has neither filed
any vakalatnama nor has he filed his memo of appearance. Accordingly, the learned counsel shall file his vakalatnama positively on the next date
fixed.
3) By filing this writ petition under Article 226 of the Constitution of India, the petitioner has challenged the legality of the order dated 18.02.2021
issued by the Executive Officer of Kharupetia Town Committee (respondent no.4) on petition submitted by the private respondent nos. 5, 6 and 7 for
allotment of Gumti no. 86 (formerly Gumti No. 100) under Kharupetia Municipal Board, thereby upholding the order dated 05.12.2002 by the then
Executive Officer. The learned senior counsel for the petitioner projects that he was the previous allottee and that his allotment letter was otherwise
valid in all respects.
4) The learned counsel for the respondent no. 4 by referring to the records of W.P.(C) 5334/2013, pending before this Court, submits that the
petitioner had sublet his allotted Gumti to the respondent nos. 5 to 7 and thereafter disputes and differences arose which led to filing of TS No.
12/2003, TS 13/2003 and TS No. 14/2003 by the petitioner before the Court of Civil Judge (Senior Division), Darrang, Mangaldoi for recovery of
arrear rent. The said suit was decreed on 23.12.2005 in favour of the petitioner. But the said three decree was reversed by dismissal of the suit in
connection with appellate judgment and decree dated 06.12.2006 passed by the learned District Judge, Darrang, Mangaldoi in TA No. 2/2006, TA No.
3/2006 and TA No. 4/2006. The aggrieved petitioner preferred revision before this Court, which was registered and numbered as Civil Rev. No.
88/2007, Civil Rev. No. 89/2007, and Civil Rev. No. 90/2007. It is submitted that the said three civil revision petitions were dismissed by this Court by
order dated 12.03.2015. Accordingly, it is submitted that the petitioner lost his right in respect of the said Gumti No. 86 and accordingly, it is submitted
that there was no merit in the present writ petition.
5) Issue notice returnable on 05.08.2021.
6) As the learned Government Advocate accepts notice on behalf of the respondent nos. 1, 2 and 3 and Mr. S. Chouhan, learned counsel accepts
notice for the respondent no.4, requisite additional copy of the writ petition with enclosures be served on them by the learned counsel for the petitioner
within 2 (two) days. Within 2 (two) days, the petitioner shall take steps for service of notice on the respondent nos. 5, 6 and 7 by registered post and
by courier service by routing the process through the Registry of the Court and upon service an affidavit of service shall be filed before the next date
fixed.
7) The learned senior counsel for the petitioner has been able to show a prima facie case because it appears that on the suit for recovery of arrear
rent filed by the petitioner being dismissed, the respondent no.4 has taken a view that the petitioner has lost his right over Gumti No. 86 (formerly
Gumti No. 100) of Kharupetia Municipal Board. Accordingly, the Court is inclined to stay the operation of the impugned order under Memo No.
KMB/Gen/Misc/2020-21/Pt/4429 dated 18.02.2021 passed by the Executive Officer, Kharupetia Town Committee (respondent no.4) till further order.
8) The Court also takes note that in W.P.(C) 5334/2013, which is filed by the respondent nos. 5, 6 and 7 herein, this Court by order dated 13.09.2013,
had ordered that in the interim, status quo as regards possession of Gumti No. 86 of Kharupetia Daily Market as on that day, shall be maintained. It is
clarified that this order passed in the present writ petition would have no consequences or effect in respect of the order dated 13.09.2013 passed in
W.P.(C) 5334/2013.
9) List on 05.08.2021 along with W.P.(C) 5334/2013.