Saman Ali Sheikh v. The State of Assam and 4 Ors

ORDER

09.12.2024 Heard Mr. M. Hussain, learned counsel for the petitioner. Also heard Mr. J. Handique, learned counsel appearing for the respondent Nos. 1, 2 and 3. The writ petition is filed by the petitioner being aggrieved that his representation dated 12.09.2024 and 28.10.2024 filed before the Executive Officer, Bilasipara Municipal Board, Bilasipara praying for allotment of room on the 1st flood in the newly constructed building within the market complex at the Bilashipara Municipal Board. The petitioner claims to be local resident of Bilasipara under the Bilasipara Municipal Board and is an unemployed youth, therefore in order to sustain himself he sought for a room so that he can setup a business for selling vegetables to sustain the petitioners. Although the representations were duly received in the Office of the Deputy Commissioner, Dhubri, no orders have been passed on the said representations by the concerned authority. Being aggrieved he approached this Court praying for direction to the respondents to consider his case and allot the room at the newly constructed building at the old vegetable market and PAN Bazaar under the Bilasipara Municipal Board. Page No.# 3/3 Upon hearing the counsel for the petitioner and upon perusal of the writ petition along with annexure what is seen that the prayer of the petitioner is limited to disposal of the representation dated 12.09.2024 and 28.10.2024. The representation dated 28.10.2024 is seen to have been received in the Office of the Deputy Commissioner on 28.10.2024. Mr. J. Handique, learned Government Advocate, submits that the decision, if any, is to be taken by the Municipal Board. Under such circumstances, this Court is of the view that the writ petition can be disposed of at this stage without issuing notice, directing the Bilasipara Municipal Board to consider the prayer made by the petitioner through his representations dated

12.09.2024 and 28.10.2024, and thereafter pass appropriate orders in the said writ petition. If the petitioner is eligible to be allotted a room, his prayer should be considered for due allotment of a room in the newly constructed building at the old vegetable market and PAN Bazaar under the Bilasipara Municipal Board. If, otherwise, as per the rules, the petitioner is not eligible to be allotted, then appropriate orders may be passed thereon. The authority will pass a speaking interim order and serve copies thereof to the petitioner. The petitioner is also at liberty to file copy of the representation dated 28.10.2024 which was filed before the Deputy Commissioner, Dhubri before the Executive Officer, Bilasipara Municipal Board, Bilasipara. The Bilasipara Municipal Board, Bilasipara will thereafter consider the prayer and disposed of the matter within period 30 days from the date of receipt of certified copies of this order. Accordingly, this writ petition stands closed and disposed of. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010242002024 ooooooo undefined ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/6554/2024o SAMANoALIoSHEIKHo S/O-oHAJIoKOSIMoUDDINoSHEIKH,oR/O-oKRISHNAoNAGAR,oWARDoNO.o14,o BILASIPARAoTOWN,oP.O.oANDoP.S.oBILASIPARA,oDIST.oDHUBRI,oASSAM,o PIN-o783348. VERSUSo THEoSTATEoOFoASSAMoANDo4oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.o OFoASSAM,oURBANoDEVELOPMENToDEPARTMENT,oDISPUR,oGUWAHATI- 06. 2:THEoDIRECTORoOFoMUNICIPALoADMINISTRATION oDISPUR oGUWAHATI-06. 3:THEoDISTRICToCOMMISSIONER oDHUBRI oASSAM oP.O. oP.S.oANDoDIST.oDHUBRI oASSAM oPIN-o783301. 4:THEoBILASIPARAoMUNICIPALoBOARD oREPRESENTEDoBYoITSoEXECUTIVEoOFFICER oP.O.oANDoP.S.oBILASIPARA oDIST.oDHUBRI oASSAM oPIN-o783348. 5:THEoCHAIRMAN Page No.# 2/3 BILASIPARA MUNICIPAL BOARD P.O. AND P.S. BILASIPARA DIST. DHUBRI ASSAM PIN- 783348 Advocate for the Petitioner : MR. M HUSSAIN, MR. R I MONDAL,MR A.K. MOLLAH Advocate for the Respondent : GA, ASSAM, BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA