Gauhati High Court
Dipen Das vs The State Of Assam And 3 Ors on 30 March, 2022
Page No.# 1/7
GAHC010062572022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2273/2022
DIPEN DAS
S/O SRI JAN DAS, R/O MACHARHAT, JORHAT EAST, P.S.-JORHAT, DIST-
JORHAT, PIN-785001
VERSUS
THE STATE OF ASSAM AND 3 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF ASSAM, URBAN DEVELOPMENT DEPARTMENT,
DISPUR-781006
2:THE DIRECTOR MUNICIPAL ADMINISTRATION
DISPUR
GUWAHATI-6
3:THE JORHAT MUNICIPAL BOARD
REPRESENTED BY ITS EXECUTIVE OFFICER
JORHAT
ASSAM
4:THE EXECUTIVE OFFICER
JORHAT MUNICIPAL BOARD
JORHAT
ASSA
Advocate for the Petitioner : MR. D BARUAH
Advocate for the Respondent : GA, ASSAM
Linked Case : WP(C)/2275/2022
MINKU HAZARIKA
S/O SRI PHONI DHAR HAZARIKA
R/O GOJPURIA
Page No.# 2/7
JORHAT EAST
P.S.-JORHAT
DIST-JORHAT
PIN-785001
VERSUS
THE STATE OF ASSAM AND 3 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF ASSAM
URBAN DEVELOPMENT DEPARTMENT
DISPUR-781006
2:THE DIRECTOR MUNICIPAL ADMINISTRATION
DISPUR
GUWAHATI-6
3:THE JORHAT MUNICIPAL BOARD
REPRESENTED BY ITS EXECUTIVE OFFICER
JORHAT
ASSAM
4:THE EXECUTIVE OFFICER
JORHAT MUNICIPAL BOARD
JORHAT
ASSAM
------------
Advocate for : MR. D BARUAH
Advocate for : GA
ASSAM appearing for THE STATE OF ASSAM AND 3 ORS
Linked Case : WP(C)/2308/2022
PRITAM DAS
S/O- NITUL DAS
R/O- MACHARHAT
P.O. AND P.S. JORHAT
DIST.- JORHAT
ASSAM
PIN- 785001.
VERSUS
THE STATE OF ASSAM AND 4 ORS.
REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM
URBAN DEVELOPMENT DEPTT.
Page No.# 3/7
DISPUR
GUWAHATI
PIN- 781006
KAMRUP(M)
ASSAM.
2:THE DIRECTOR
MUNICIPAL ADMINISTRATION
ASSAM
DISPUR
GUWAHATI
PIN- 781006
KAMRUP(M)
ASSAM.
3:THE DY. COMMISSIONER
JORHAT
ASSAM
PIN- 785001.
4:THE JORHAT MUNICIPAL BOARD
JORHAT
ASSAM
REP. BY THE EXECUTIVE OFFICER
JORHAT
DIST.- JORHAT
ASSAM
PIN- 785001.
5:THE EXECUTIVE OFFICER
JORHAT MUNICIPAL BOARD
DIST.- JORHAT
ASSAM
PIN- 785001.
------------
Advocate for : MR. D CHOUDHURY
Advocate for : SC
J M B appearing for THE STATE OF ASSAM AND 4 ORS.
Linked Case : WP(C)/2314/2022
DEBASISH BORAH
S/O- LT. DEBEN BORAH
R/O- WARD NO. 1
RAJA MAIDAM
P.O. AND P.S. JORHAT
DIST.- JORHAT
ASSAM
Page No.# 4/7
PIN- 785001.
VERSUS
THE STATE OF ASSAM AND 4 ORS.
REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM
URBAN DEVELOPMENT DEPTT.
DISPUR
GUWAHATI
PIN- 781006
KAMRUP(M)
ASSAM.
2:THE DIRECTOR
MUNICIPAL ADMINISTRATION
ASSAM
DISPUR
GUWAHATI
PIN- 781006
KAMRUP(M)
ASSAM.
3:THE DY. COMMISSIONER
JORHAT
ASSAM
PIN- 785001.
4:THE JORHAT MUNICIPAL BOARD
JORHAT
ASSAM
REP. BY THE EXECUTIVE OFFICER
JORHAT
DIST.- JORHAT
ASSAM
PIN- 785001.
5:THE EXECUTIVE OFFICER
JORHAT MUNICIPAL BOARD
DIST.- JORHAT
ASSAM
PIN- 785001.
------------
Advocate for : MR. D CHOUDHURY
Advocate for : SC
J M B appearing for THE STATE OF ASSAM AND 4 ORS.
Page No.# 5/7
BEFORE
HONOURABLE MR. JUSTICE DEVASHIS BARUAH
ORDER
Date : 30.03.2022
Heard Mr. UK Nair, learned senior counsel for the petitioner in
WP(C) No.2308/2022 & WP(C) No.2314/2022 and Mr. D Baruah, learned
counsel for the petitioner in WP(C) No.2273/2022 & WP(C) No.2314/2022.
Also heard Mr. K Goswami, learned counsel for the respondent Nos.1 to 3 in
WP(C) No.2308/2022 & WP(C) No.2314/2022 and respondent Nos. 1 and 2
in WP(C) No.2275/2022 and WP(C) No.2273/2022. Also heard Mr. BD Das,
learned counsel for the respondent Nos.3 and 4 in WP(C) No.2275/2022,
WP(C) No.2273/2022, and respondent Nos.3, 4 & 5 in WP(C) No.2308/2022
& WP(C) No.2314/2022.
Issue notice, returnable by 4 (four) weeks.
As all the parties are duly represented, no fresh notice need be
served. However, extra copies of the writ petition be served upon the
learned counsel for the aforesaid respondents within a period of 3 (three)
days.
The case of the petitioner in all the four writ petitions is that the
petitioners are the lessees in respect of the parking lot/stand as well as
Chowk Bazar which have been settled with them by the Jorhat Municipal
Board.
On account of the lockdown due to the covid pandemic, the
petitioners could not operate their leases allotted to them for which the
petitioners had submitted representation to the Jorhat Municipal Board and
its officials seeking extension or in the alternative, remission for the period
when they could not operate their leases. It is the specific stand of the
petitioners that the said representations are pending before the said Board.
Page No.# 6/7
It is also the case of the petitioners that in terms with the Rules for
Procedure for Sale of Pounds and Markets by the Municipal Boards and
Town Committees in Assam, which was notified by the Notification No.LML
51/58 dated 24.06.1958, it is the mandate of Clause 3 that public auction of
the said sale of pounds and markets is to be done by way of public auction
and the said public auction ought to be issued by 14 th of February of the
financial year and the notice of the public auction should be for a period of
1 (one) month. It is also the further stand of the petitioners that by a
judgment of the Coordinate Bench of this Court in Dipak Das vs. State of
Assam, it has been held that the said rules would apply to parking
yards/lots in view of Section 148(3) of the Assam Municipal Act, 1956 which
stipulates parking lots.
In the instant case, however, till date admittedly, no public auction
by way of issuance of notice inviting tender has been floated and as per the
submission of Mr. BD Das, learned senior counsel appearing on behalf of
the Executive Officer and Jorhat Municipal Board, the concerned respondent
authorities are taking steps to initiate the notice inviting tender.
It is also the further case of the petitioner that taking into account
that the petitioners were not in a position to operate their leases on account
of the covid restrictions, the respondent Executive Officer and Jorhat
Municipal Board ought to permit them to continue with their leases till the
process of settlement by way of public auction is not complete.
This Court is not inclined to pass any interim order to that effect,
however, taking into consideration that no notice inviting tender or public
auction for settlement has yet been done, it is left to the wisdom of the
respondent Municipal Board to make necessary ad-hoc arrangements within
this period till the tender process is not completed and a fresh settlement is
not made. In making such ad-hoc arrangements, the respondent Board
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may either run the said parking stand and/or the Chowk Bazar as the case
may be by using their own machinery or may make such ad-hoc
arrangements as per law. It is clarified that not granting of the interim
relief to the petitioners herein would not mean that the petitioners cannot
be considered by the Respondent Jorhat Municipal Board if it chooses to
make adhoc arrangements for the said period.
It is further made clear that by the returnable date the respondent
authorities would consider the representation of the petitioners and file
their affidavits in that regard.
JUDGE
Comparing Assistant
