Gauhati High Court
Page No.# 1/4 vs The State Of Assam And 3 Ors on 7 April, 2022
Page No.# 1/4
GAHC010171122021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/5670/2021
TAMANNA BEGUM MAZUMDAR AND 4 ORS.
W/O. LT. HAJI MD. JAHURUL HOQUE MAJUMDER, R/O. KANAKPUR, PART-
I, P.O. KANAKPUR-788006, DIST. CACHAR, ASSAM.
2: MANJUR AHMED MAZUMDAR
S/O. LT. HAJI MD. JAHURUL HOQUE MAJUMDER
R/O. KANAKPUR
PART-I
P.O. KANAKPUR-788006
DIST. CACHAR
ASSAM.
3: RAJA AHMED MAXUMDAR
S/O. LT. HAJI MD. JAHURUL HOQUE MAJUMDER
R/O. KANAKPUR
PART-I
P.O. KANAKPUR-788006
DIST. CACHAR
ASSAM.
4: SHAMMI BARLASKAR
S/O. LT. HAJI MD. JAHURUL HOQUE MAJUMDER
R/O. KANAKPUR
PART-I
P.O. KANAKPUR-788006
DIST. CACHAR
ASSAM.
5: RUBINA BEGUM LASKAR
D/O. LT. HAJI MD. JAHURUL HOQUE MAJUMDER
R/O. KANAKPUR
PART-I
P.O. KANAKPUR-788006
DIST. CACHAR
Page No.# 2/4
ASSAM
VERSUS
THE STATE OF ASSAM AND 3 ORS.
REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, URBAN
DEVELOPMENT, DISPUR, GUWAHATI-06, ASSAM.
2:DIRECTOR
TOWN AND COUNTRY PLANNING
DISPUR
GUWAHATI-06
ASSAM.
3:DEPUTY COMMISSIONER
CACHAR
ASSAM.
4:SILCHAR MUNICIPAL BOARD
CACHAR AT SILCHAR
BEING REP. BY THE EXECUTIVE OFFICER
Advocate for the Petitioner : MR. S P CHOUDHURY
Advocate for the Respondent : GA, ASSAM
BEFORE
HON'BLE MR. JUSTICE MANASH RANJAN PATHAK
07/04/2022
Heard Mr. S P Choudhury, learned counsel for the petitioners and Mr. K Goswami, learned
Additional Senior Government Advocate, Assam for the respondent Nos. 1 to 3. Also heard Mr. S
Dutta, learned Senior counsel and Senior Standing counsel, Silchar Municipal Board assisted by
Ms. S Mushahary, learned counsel for the respondent No. 4.
The petitioner No. 1 is the widow, petitioner Nos. 2 to 4 are the sons and the petitioner
No. 5 is the daughter of Late Hazi Md. Jahurul Hoque Majumdar. After the death of said Hazi Md.
Page No.# 3/4
J. H. Majumdar, the petitioners inherited his property. Pertaining to their land measuring 2 Kathas
15 Chataks of Dag Nos. 14 & 15, Patta Nos. 10 & 11 at Village -Kanakpur Part-I, Porgona -
Barakpur, District-Cachar within the jurisdiction of Silchar Municipal Board, the petitioners on
04.06.2020 with Sri Sandip Paul and Smt. Sukalpita Acharjee jointly submitted an application
before the Deputy Commissioner, Cachar Silchar seeking 'No Objection Certificate' relating to
permission for sale of their aforesaid land in favour of said Sri Sandip Paul and Smt. Sukalpita
Acharjee.
The Executive Officer, Silchar Municipal Board by its letter No. MP/BP/V/06/ 2020-21/4351-
4353 dated 10.12.2020 in Case No. 178/020 informed the Deputy Commissioner, Cachar, Silchar
as well as the petitioners that as a proceeding with regard to their said land being I.A. (Civil) No.
3989/2018 in Civil Rev. P. No. 180/2018 (Smt. Unisha Roy Vs. Tamanna Begum Mazumdar and 4
Ors.) are pending before this Court, therefore, the 'No Objection Certificate' relating to the
sale/transfer of the aforesaid land sought for by the petitioners cannot be granted.
During the deliberation of the matter, Mr. Choudhury, learned counsel for the petitioners
has placed before the Court that a decree of eviction of the defendant, namely Mrs. Unisha Roy in
Title Suit Case No. 34/2011 (Hazi Md. Jahurul Hoque Mazumdar Vs. Mrs. Unisha Roy) dated
27.01.2016 was passed by the learned Munsiff No.1 at Cachar, Silchar. Against the same, said
Mrs. Unisha Roy preferred an appeal before the Civil Judge No.1, Cachar, Silchar being Title
Appeal No. 10/16, which was also dismissed on 26.04.2017. Thereafter, said Mrs. Unisha Roy
preferred a civil revision petition against the judgment dated 26.04.2017 passed in said Title
Appeal No. 10/2016, before this Court being CRP No. 180/2018 with I.A. (Civil) No. 3989/2018.
However, Mr. Choudhury, learned counsel for the petitioners stated that there is no stay
order in force either in said I.A. (Civil) No. 3989/2018 or in CRP No. 180/2018.
Mr. Choudhury, learned counsel for the petitioners also placed before the Court that the
decree of eviction so passed in said Title Suit Case No. 34/2011 has already been executed and
possession of the land in question has already handed over to the decree holders, i.e., the
petitioners herein. The petitioners have placed the copy of the order dated 29.10.2021 passed in
said CRP No. 180/2018.
On 02.03.2022, the respondent Silchar Municipal Board submitted its affidavit in the
Page No.# 4/4
matter clarifying that the petitioners though had applied for 'No Objection Certificate' for transfer
of the said land by depositing only the processing fees but they are yet to deposit the required
fees. With regard to the said objection filed by one Smt. Unisha Roy on 11.11.2019 against the
petitioners relating to said schedule of land, the application of the petitioners for granting them
'No Objection Certificate' relating to the said land have been kept in abeyance and the proceeding
on the matter of such objection raised by Smt. Unisha Roy relating to said land has already been
initiated since the land in question has already in possession of the petitioners in terms of the
execution of decree in T.S. Case No. 34/2011 dated 27.01.2016.
Considering the above, it is directed that the respondents in the Silchar Municipal Board
shall dispose of the matter with regard to issuance of 'No Objection Certificate' relating to sale of
the aforesaid land of the petitioners to Sri Sandip Paul and Smt. Sukalpita Acharjee after giving an
opportunity of hearing to both the petitioners as well as said Ms. Unisha Roy, within a period of
45 days from the date of receipt of a certified copy of this order along with the application to be
filed by the petitioners, obtaining necessary acknowledgment from the said authority, subject to
the payment of necessary process fee and any other fees that are payable by the petitioners in
that regard.
The respondent Municipal Board shall accordingly decide the matter in accordance with
law and shall pass necessary order(s) relating to such 'No Objection Certificate' applied by the
petitioners, if there is no other impediment in issuing the same.
With the above direction, this writ petition stands disposed of.
JUDGE
Comparing Assistant
