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Judgment
Sudhanshu Dhulia, CJ
Heard Mr. D. Ghosh, learned counsel for the writ appellant. Also heard Mr. P.J. Saikia, learned counsel, appearing for the respondent Nos.8 to 12.
This is a writ appeal filed against the order dated 22.07.2019 passed by the learned Single Judge in WP(C) No.7666/2018, whereby the learned
Single Judge did not find any merit in the writ petition of the petitioner/writ appellant and the writ petition was dismissed.
Brief facts of the case are that the petitioner in the said writ petition had made certain allegations that the private respondents, who are related to
him, have raised an illegal and unauthorized construction without sanction from the Tinsukia Municipal Board and hence had prayed that the illegal
construction be demolished.
Inter alia, the learned Single Judge had come to a conclusion that it is purely a private dispute between the petitioner and the private respondents
and moreover the full facts of the case had not been stated by the petitioner. Being aggrieved, the present writ appeal has been filed.
Having heard the learned counsel appearing for the writ appellant and the respondents, we are of the considered view that the order of the learned
Single Judge does not require any interference as the “dispute†between the writ appellant and the respondents is a private dispute and, therefore,
the remedy lies in the Civil Court and it is not a public law remedy.
At this stage, learned counsel for the writ appellant has argued that Section 171 of the Assam Municipal Act, 1956 provides that no person shall
erect, materially alter, or re-erect or commence to erect, materially alter or re-erect any building without sanction of the Board, and he may be
permitted to move a representation before the Board so that the Board may take appropriate action.
Although we say nothing on the merit of the claim of the writ appellant, the writ appellant would always be at liberty to raise his grievance before
the Municipal Board (unless already approached), and the authorities concerned thereafter, after hearing all appropriate parties, including the one
against whom such an unauthorized construction is alleged, shall then take appropriate action in accordance with law as expeditiously as possible.