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Judgment
More than 10 years ago, a show cause notice (SCN) was issued to the Petitioner on 8th June 2011 by the Municipal Council, Barbil alleging that he had constructed and completed a boundary wall over Plot Nos.485 to 511 and 1050 to 1057 in Mouza-Matkambeda, Unit-11 in Ward No.13 of the Barbil Municipality without obtaining prior permission. This was followed by another SCN dated 11th June 2011 and a third 'Final Notice' dated 20th June 2011 in which, it was noted that since the Petitioner had not filed a reply to the SCN, a provisional order was passed to demolish the said illegal unauthorized construction of boundary wall.
The Petitioner then rushed to this Court. While issuing notice in the present petition on 18th July 2011, this Court directed that the boundary wall in question should not be demolished. That interim order is continuing till date. Despite service of notice, none appears for the Barbil Municipality.
In the circumstances, while setting aside the final notice dated 20th June 2011 issued by the Municipal Council, Barbil, the Court permits the Petitioner to file a reply to the original SCN dated 8th June 2011 on or before 20th December, 2021. If such reply is filed within the time indicated, the Executive Officer, Municipal Council, Barbil (Opposite Party No.2) shall examine it and after hearing the Petitioner shall pass a reasoned order not later than 24th January 2022 and make the order available to the Petitioner on or before 31st January, 2022. If such order is adverse to the Petitioner, it shall not be given effect to for a further period of one week thereafter i.e. till 7th February 2022 to enable the Petitioner to seek appropriate remedy in accordance with law. Till 7th February 2022, the interim order passed by this Court on 18th July 2011 shall continue. The Petitioner will produce a downloaded copy of this order before Opposite Party No.2 on or before 6th December 2021 for appropriate action.
The Court clarifies that it has not expressed any view on any of the contentions of the Petitioner.
The writ petition is disposed of in the above terms.
An urgent certified copy of this order be issued as per rules.
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