Barpeta Road Municipal Board vs Gunajoy Choudhury
2022 Latest Caselaw 4713 Gua

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GAHC010120412022




                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                               Case No. : I.A.(Civil)/1801/2022

             BARPETA ROAD MUNICIPAL BOARD
             REPRESENTED BY SRI RAJESH SARKAR, AGED ABOUT 46 YEARS, S/O
             LATE BINOY BHUSAN SARKAR, THE CHAIRMAN, BARPETA ROAD
             MUNICIPAL BOARD, BARPETA ROAD, DIST- BARPETA, ASSAM, PIN-781315



             VERSUS

             GUNAJOY CHOUDHURY
             S/O LATE KRISHNAKANTA CHOUDHURY, R/O CHANDANPUR, WARD NO. 8,
             P.O. AND P.S.-BARPETA ROAD, DIST-BARPETA, ASSAM, PIN-781315



Advocate for the Petitioner   : MS. M BHATTACHARJEE

Advocate for the Respondent : MR. U K NAIR, SR. ADV




                                  BEFORE
                 HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

                                          ORDER

30.11.2022

Heard Ms. M. Bhattacharjee, learned counsel for the applicant. Also heard Mr. S. K. Das, learned counsel for the respondents.

This is an application praying for extension of time to comply with the Page No.# 2/3

directions passed by this Court in its order dated 20.12.2021 in WP(C) No. 1710/2017.

The relevant portion of the said judgment is quoted hereinbelow:-

"ii. The respondent Board shall start the proceeding de-novo against the petitioner by issuing a fresh show cause notice on the basis of allegation of misbehavior/threatening alleged by the then chairman, Vice Chairman and Executive Officer of the Barpeta Road Municipal Board.

iii. The entire proceeding shall be completed within a period of six months from the date of receipt of the certified copy this order".

The present application is filed on 16.06.2022 seeking extension of time of further six months. Accordingly, the said period seeking extension of time will expire on 16.12.2022.

It is submitted that in the meantime, the de-novo proceeding has been started. Mr. S. K. Das, learned counsel for the respondents submits that the authority has blatantly violated the Court's order and he was called for recording of statement on 28.11.2022, however beyond date nothing has proceeded and no statement of his also been recorded. He further submits that he will have no objection, if the proceeding is completed within 16.12.2022.

In view of the aforesaid, this Interlocutory Application stands disposed of granting time to the respondent authority to complete and comply with the directions passed by this Court in its order dated 20.12.2021 in WP(C) No. 1710/2017 by 16.12.2022.

It is submitted that the subsistence allowance which was directed to be paid Page No.# 3/3

has also not been paid. However, the learned counsel for the Municipal Board submits that the same has been paid.

As this Court has already directed to comply with the directions passed by this Court in its order dated 20.12.2021 in WP(C) No. 1710/2017, by ` 16.12.2022, the same will take under its fold the direction for payment of subsistence allowance.

Accordingly, this Interlocutory Application stands disposed of.

JUDGE

Comparing Assistant