Page No.# 1/19 vs The State Of Assam And 4 Ors on 16 December, 2025

Author: Sanjay Kumar Medhi

Bench: Sanjay Kumar Medhi

                                                                 Page No.# 1/19

GAHC010268092022




                                                           undefined

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

                          Case No. : WP(C)/8454/2022

         SATYABRATA DEY AND 37 ORS
         S/O SATYANDRA KR. DEY, R/O WARD NO. 4, LANKA TOWN, DIST-HOJAI,
         ASSAM, PIN-782446

         2: BHOBESH ROY
          S/O JAWAHARLAL ROY
          R/O WARD NO. 5
          LANKA TOWN
          DIST-HOJAI
         ASSAM
          PIN-782446

         3: MANAB DAS
          S/O BRAJESHWAR DAS
          R/O WARD NO. 5
          LANKA TOWN
          DIST-HOJAI
         ASSAM
          PIN-782446

         4: RANJIT DEBNATH
          S/O KALIMOHAN DEB NATH
          R/O VILL-PASCHIM BHALUKMARI
          LANKA
          DIST-HOJAI
         ASSAM
          PIN-782446

         5: LITON MITRA
          S/O LAL MOHAN MITRA
          R/O WARD NO. 2
          LANKA TOWN
          DIST-HOJAI
         ASSAM
                                Page No.# 2/19

PIN-782446

6: DIPA DEBNATH
 D/O RAKHAL KRISHNA DEBNATH
 R/O WARD NO. 9
 LANKA TOWN
 DIST-HOJAI
ASSAM
 PIN-782446

7: ANITA PAUL
 D/O RANJIT PAUL
 R/O WARD NO. 2
 LANKA TOWN
 DIST-HOJAI
ASSAM
 PIN-782446

8: NIRMAL DEB
 S/O NRIPENDRA DEB
 R/O WARD NO. 9
 LANKA TOWN
 DIST-HOJAI
ASSAM
 PIN-782446

9: RAJESH DEBNATH
 S/O LT. CHINTAHARAN DEBNATH
 R/O WARD NO. 2
 LANKA TOWN
 DIST-HOJAI
ASSAM
 PIN-782446

10: DIPAK PAUL
 S/O JIBAN KRISHNA PAUL
 R/O WARD NO. 11
 LANKA TOWN
 DIST-HOJAI
ASSAM
 PIN-782446

11: GOURI DEBNATH
 D/O SWAPAN DEBNATH
 R/O WARD NO. 2
 LANKA TOWN
 DIST-HOJAI
ASSAM
                               Page No.# 3/19

PIN-782446

12: KALIPAD CHAKRABORTY
 S/O LT. ANANTA CHAKRABORTY
 R/O WARD NO. 1
 LANKA TOWN
 DIST-HOJAI
ASSAM
 PIN-782446

13: JHUMA PAUL
W/O SBARUP PAUL
 R/O WARD NO. 9
 LANKA TOWN
 DIST-HOJAI
ASSAM
 PIN-782446

14: BIJOY GHOSH
 S/O NIRANJAN GHOSH
 R/O VILL- JORONI GAON
 P.O.-FULTOLI BAZAR
 LANKA
 DIST-HOJAI
ASSAM
 PIN-782446

15: BEENA DAS
 D/O PRIYOLAL DAS
 R/O WARD NO. 6
 LANKA TOWN
 DIST-HOJAI
ASSAM
 PIN-782446

16: SUBRATA DAS
 S/O LT. SUBASH DAS
 R/O WARD NO. 6
 LANKA TOWN
 DIST-HOJAI
ASSAM
 PIN-782446

17: SOUMIK DAS
 S/O SUKANTA DAS
 R/O WARD NO. 6
 LANKA TOWN
 DIST-HOJAI
                                 Page No.# 4/19

ASSAM
PIN-782446

18: SATYA SEBAK PAUL
 S/O LT. KAYLASH CHANDRA PAUL
 R/O WARD NO. 2
 LANKA TOWN
 DIST-HOJAI
ASSAM
 PIN-782446

19: BISWAJIT PAUL
 S/O BHUPENDRA KR. PAUL
 R/O WARD NO. 2
 LANKA TOWN
 DIST-HOJAI
ASSAM
 PIN-782446

20: HIRALAL SHILL
 S/O NIMAI CHANDRA SHIL
 R/O WARD NO. 7
 LANKA TOWN
 DIST-HOJAI
ASSAM
 PIN-782446

21: TITAN MAZUMDER
 S/O SHITAL MAZUMDER
 R/O WARD NO. 9
 LANKA TOWN
 DIST-HOJAI
ASSAM
 PIN-782446

22: BISHAL BANIK
 S/O RAKHAL BANIK
 R/O WARD NO. 2
 LANKA TOWN
 DIST-HOJAI
ASSAM
 PIN-782446

23: SANKAR SIL
 S/O AMRIT LAL SIL
 R/O WARD NO. 7
 LANKA TOWN
 DIST-HOJAI
                             Page No.# 5/19

ASSAM
PIN-782446

24: PRASENJIT SHILL
 S/O ARJUN SHILL
 R/O WARD NO. 7
 LANKA TOWN
 DIST-HOJAI
ASSAM
 PIN-782446

25: GURDEEP SINGH
 S/O NAR SINGH
 R/O WARD NO. 4
 LANKA TOWN
 DIST-HOJAI
ASSAM
 PIN-782446

26: ALAK MAZUMDER
 S/O MANIK MAZUMDER
 R/O WARD NO. 10
 LANKA TOWN
 DIST-HOJAI
ASSAM
 PIN-782446

27: SAMIR CHAKRABORTY
 S/O MATILAL CHAKRABORTY
 R/O WARD NO. 2
 LANKA TOWN
 DIST-HOJAI
ASSAM
 PIN-782446

28: RINTU MAZUMDER
 S/O SAMIR KANTI MAZUMDER
 R/O WARD NO. 11
 LANKA TOWN
 DIST-HOJAI
ASSAM
 PIN-782446

29: PREMANU PAUL
 S/O RAMESH PAUL
 R/O WARD NO. 9
 LANKA TOWN
 DIST-HOJAI
                             Page No.# 6/19

ASSAM
PIN-782446

30: SUMI BORA ROY
W/O DEBRAJ ROY
 R/O WARD NO. 2
 LANKA TOWN
 DIST-HOJAI
ASSAM
 PIN-782446

31: MITHUN MAJUMDER
 S/O MANIK MAJUMDER
 R/O WARD NO. 1
 LANKA TOWN
 DIST-HOJAI
ASSAM
 PIN-782446

32: SNEHA DEB
 D/O BHAJAN DEB
 R/O WARD NO. 11
 LANKA TOWN
 DIST-HOJAI
ASSAM
 PIN-782446

33: NIHAR RANJAN DEB
 S/O NIRMAL DUTTA
 R/O WARD NO. 10
 LANKA TOWN
 DIST-HOJAI
ASSAM
 PIN-782446

34: MILU SHILL
 D/O JAGADISH SHILL
 R/O WARD NO. 7
 LANKA TOWN
 DIST-HOJAI
ASSAM
 PIN-782446

35: UDHAB SHILL
 S/O SUDHIR CHANDRA SHILL
 R/O WARD NO. 7
 LANKA TOWN
 DIST-HOJAI
                                                      Page No.# 7/19

ASSAM
PIN-782446

36: RANJIT SHILL
 S/O MONOHARI SHILL
 R/O WARD NO. 7
 LANKA TOWN
 DIST-HOJAI
ASSAM
 PIN-782446

37: BHUPESH CHANDRA DHAR
 S/O LT. BHABA RANJAN DHAR
 R/O WARD NO. 6
 LANKA TOWN
 DIST-HOJAI
ASSAM
 PIN-782446

38: TUTUN KANTI BAKSI
 S/O BIMAL BAKSI
 R/O WARD NO. 9
 LANKA TOWN
 DIST-HOJAI
ASSAM
 PIN-78244

VERSUS

THE STATE OF ASSAM AND 4 ORS
TO BE REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF
ASSAM, DISPUR, GUWAHATI-781006

2:DEPUTY COMMISSIONER
 HOJAI
 SHANKARDEV NAGAR
 PIN-782442

3:ADDITIONAL DEPUTY COMMISSIONER
 HOJAI
 SHANKARDEV NAGAR
ASSAM
 PIN-782442

4:LANKA MUNICIPAL BOARD
 LANKA
ASSAM
 REPRESENTED BY CHAIRMAN
                                                                      Page No.# 8/19

           LANKA MUNICIPAL BOARD
           P.O.-LANKA
           DIST- HOJAI
           ASSAM
           PIN-782446

           5:EXECUTIVE OFFICER
            LANKA MUNICIPAL BOARD
            P.O.-LANKA
            DIST- HOJAI
           ASSAM
            PIN-78244

Advocate for the Petitioner : MR. N H MAZARBHUIYAN, MR R I BHUYAN,MS. L
WAJEEDA,MR. M H SAIKIA

Advocate for the Respondent : GA, ASSAM, MR D NATH (R-3 & 4)




           Linked Case : WP(C)/1064/2021

           HARIPADA SAHA AND 6 ORS
           S/O LATE HARIPRASHANNA SAHA
           R/O LANKA TOWN
           WARD NO. 5
           P.O. AND P.S. LANKA
           DIST. HOJAI
           ASSAM.

           2: KALIPADA CHAKRABATI
           S/O LATE SRI ANANTA CHAKRABARTI
            R/O LANKA TOWN
           WARD NO. 1
            P.O. AND P.S. LANKA
            DIST. HOJAI
           ASSAM.

           3: UTTAM DEBNATH

           S/O SRI KHITISH DEBNATH
           R/O LANKA TOWN
           WARD NO. 9
           P.O. AND P.S. LANKA
           DIST. HOJAI
                                                  Page No.# 9/19

ASSAM.

4: LITAN MITRA

S/O SRI LALMOHAN MITRA
R/O LANKA TOWN
WARD NO. 2
P.S. AND P.O. LANKA
DIST. HOJAI
ASSAM.

5: RANJIT DEBNATH

S/O LATE KALIMOHAN DEBNATH
R/O LANKA TOWN
WARD NO. 11
P.O. AND P.S LANKA
DIST. HOJAI
ASSAM.

6: JOYDEV CH. GHOSH

S/O LATE JOGENDRA GHOSH
R/O LANKA TOWN
NETAJI ROAD
P.O. AND P.S. LANKA
DIST. HOJAI
ASSAM.

7: RASARAJ DAS

S/O SRI ARJUN DAS
R/O LANKA TOWN
P.O. AND P.S. LANKA
DIST. HOJAI
ASSAM.
VERSUS

THE STATE OF ASSAM AND 4 ORS
REPRESENTED BY THE SECY. TO THE GOVT. OF ASSAM
URBAN DEVELOPMENT DEPTT.
DISPUR
GUWAHATI 6

2:THE DEPUTY COMMISSIONER

HOJAI SANKARDEV NAGAR
DIST. HOJAI
                                                    Page No.# 10/19

ASSAM
PIN 782442

3:THE LANKA MUNICIPAL BOARD

LANKA
REPRESENTED BY ITS CHAIRMAN
P.O. AND P.S. LANKA
DIST. HOJAI
ASSAM
PIN 782446

4:THE CHAIRMAN

LANKA MUNICIPAL BOARD
LANKA
P.O. AND P.S. LANKA
DIST. HOJAI
ASSAM
PIN 782446

5:THE EXECUTIVE OFFICER

LANKA MUNICIPAL BOARD
LANKA
P.O. AND P.S. LANKA
DIST. HOJAI
ASSAM
PIN 782446
------------
Advocate for : MR B CHANDA
Advocate for : GA
ASSAM appearing for THE STATE OF ASSAM AND 4 ORS



Linked Case : WP(C)/1470/2023

ASHUTOSH BHOWMICK AND 29 ORS
S/O HARIBANDHU BHOWMICK
R/O VILL-DABLONG
LANKA
DIST-HOJAI
ASSAM
PIN-782446

2: JOYDEV CHANDRA GHOSH
S/O JOGENDRA CHANDRA GHOSH
                              Page No.# 11/19

R/O WARD NO. 1
LANKA
DIST-HOJAI
ASSAM
PIN-782446

3: NANI GOPAL BHOWMICK
S/O LAL MOHAN BHOWMICK
R/O VILL-KARIKHANA
LANKA
DIST-HOJAI
ASSAM
PIN-782446

4: MANIK DEBNATH
S/O LT. MONTU DEBNATH
R/O WARD NO. 2
LANKA TOWN
DIST-HOJAI
ASSAM
PIN-782446

5: LAKHI NARAYAN BHOWMOCK
S/O KRISHNA LAL BHOWMICK
R/O SIMLAI PATHAR
LANKA
DIST-HOJAI
ASSAM
PIN-782446

6: RASARAJ DAS
S/O ARJUN DAS
R/O LANKA TOWN
DIST-HOJAI
ASSAM
PIN-782446

7: HARI PADA SAHA
S/O LT. HARA PRASANNA SAHA
R/O LANKA TOWN
DIST-HOJAI
ASSAM
PIN-782446

8: BAPPAN DUTTA
S/O SUNIL DUTTA
R/O LANKA TOWN
DIST-HOJAI
                              Page No.# 12/19

ASSAM
PIN-782446

9: NIRANJAN PAUL
S/O N. PAUL
R/O LANKA TOWN
DIST-HOJAI
ASSAM
PIN-782446

10: PORITOSH GHOSH
S/O LT. PRANESH GHOSH
R/O LANKA TOWN
DIST-HOJAI
ASSAM
PIN-782446

11: PAWAN KUMAR AGARWAL
S/O HULACH CHANDRA AGARWAL
R/O LANKA TOWN
DIST-HOJAI
ASSAM
PIN-782446

12: VIVEK AGARWAL
S/O CHAMPA LAL AGARWAL
R/O LANKA TOWN
DIST-HOJAI
ASSAM
PIN-782446

13: GAURAV AGARWAL
S/O PAWAN KUMAR AGARWAL
R/O LANKA TOWN
DIST-HOJAI
ASSAM
PIN-782446

14: KIRAN AGARWAL
D/O PAWAN KUMAR AGARWAL
R/O LANKA TOWN
DIST-HOJAI
ASSAM
PIN-782446

15: RUPA GHOSH
W/O JOYDEV GHOSH
R/O LANKA TOWN
                          Page No.# 13/19

DIST-HOJAI
ASSAM
PIN-782446

16: BANITA PAUL
W/O NEPAL CHANDRA PAUL
R/O LANKA TOWN
DIST-HOJAI
ASSAM
PIN-782446

17: MANORANJAN DAS
S/O JIBON KRISHNA DAS
R/O WARD NO. 6
LANKA TOWN
DIST-HOJAI
ASSAM
PIN-782446

18: KAMALA MAZUMDER
W/O MARAN MAZUMDER
R/O LANKA TOWN
DIST-HOJAI
ASSAM
PIN-782446

19: RUMA MAZUMDAR
W/O SUSHANTA MAZUMDAR
R/O LANKA TOWN
DIST-HOJAI
ASSAM
PIN-782446

20: MOMI PAUL
W/O RANJAN PAUL
R/O LANKA TOWN
DIST-HOJAI
ASSAM
PIN-782446

21: ROHIT PAUL
S/O HARI PADA PAUL
R/O LANKA TOWN
DIST-HOJAI
ASSAM
PIN-782446

22: RAKESH AGARWAL
                            Page No.# 14/19

S/O OM PRAKASH AGARWAL
R/O LANKA TOWN
DIST-HOJAI
ASSAM
PIN-782446

23: MONJU DEVI AGARWAL
W/O OM PRAKASH AGARWAL
R/O LANKA TOWN
DIST-HOJAI
ASSAM
PIN-782446

24: SONU AGARWAL
W/O RAKESH KUMAR AGARWAL
R/O LANKA TOWN
DIST-HOJAI
ASSAM
PIN-782446

25: APU BAKSHI
S/O TAPAN BAKSHI
R/O LANKA TOWN
DIST-HOJAI
ASSAM
PIN-782446

26: BISWAJIT PAUL
S/O MANORANJAN PAUL
R/O LANKA TOWN
DIST-HOJAI
ASSAM
PIN-782446

27: BABUL SAHA
S/O MILON CHANDRA SAHA
R/O LANKA TOWN
DIST-HOJAI
ASSAM
PIN-782446

28: BIKI DAS
S/O BAPPI DAS
R/O LANKA TOWN
DIST-HOJAI
ASSAM
PIN-782446
                                                     Page No.# 15/19

29: ANJALI DAS
D/O BAPPI DAS
R/O LANKA TOWN
DIST-HOJAI
ASSAM
PIN-782446

30: NIRASHA DAS
W/O MANORANJAN DAS
R/O LANKA TOWN
DIST-HOJAI
ASSAM
PIN-782446
VERSUS

THE STATE OF ASSAM AND 4 ORS
TO BE REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM
DISPUR
GUWAHATI-781006

2:DEPUTY COMMISSIONER
 HOJAI
SHANKARDEV NAGAR
 PIN-782442

3:ADDITIONAL DEPUTY COMMISSIONER
HOJAI
SHANKARDEV NAGAR
ASSAM
PIN-782442

4:LANKA MUNICIPAL BOARD
LANKA
ASSAM
REPRESENTED BY CHAIRMAN
LANKA MUNICIPAL BOARD
P.O.-LANKA
DIST-HOJAI
ASSAM
PIN-782446

 5:EXECUTIVE OFFICER
 LANKA MUNICIPAL BOARD
P.O.-LANKA
 DIST-HOJAI
ASSAM
 PIN-782446
 ------------
                                                                      Page No.# 16/19

          Advocate for : MR. N H MAZARBHUIYAN
          Advocate for : GA
          ASSAM appearing for THE STATE OF ASSAM AND 4 ORS



                                BEFORE
               HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

                                     ORDER

16-12-2025

The subject matters in these writ petitions being connected where pleadings have also been exchanged and considering that the same are pending since a long period of time, those are taken up for an analogous hearing and are disposed of by this common judgment and order.

2. As per the facts projected, the petitioners were selected for allotment of vita by the Lanka Municipal Board. It is the case of the petitioners that pursuant to such selection, they had to deposit an amount of Rs.50,000/-(Rupees Fifty Thousand) only as security and thereafter patta was also issued in their favour. The same was followed by a direction to make the construction of the shops on their own cost and also to deposit tax which was accordingly done. It however appears that by a communication dated 21.07.2020 issued by the Addl. District Magistrate, Hojai an enquiry was directed against the earlier Chairman of the Committee and as a consequence thereof, instructions were given to stop any other construction and allotment works. It also transpires that on 08.01.2020, a complaint was lodged against the Chairman and the Executive Member of the Lanka Municipal Board to the Director of Municipal Administration and after a long period of time, vide a notification dated 14.11.2025, an Enquiry Committee has been constituted to enquire into the allegations.

Page No.# 17/19

3. I have heard Shri M. H. Saikia, learned counsel for the petitioners in WP(C)/8454/2022 and WP(C)/1470/2023 respectively and Shri B. Chanda, learned counsel for the petitioners in WP(C)/1064/2021. I have also heard Shri D. Nath, learned Senior Government Advocate for the respondents.

4. The learned counsel for the petitioners have submitted that there is no allegation of any nature so far as the allotment of the vitas to the petitioners are concerned and by the subsequent conduct of the respondent authorities, the petitioners have invested substantial amounts towards construction of the establishment apart from making security deposit of Rs.50,000/- and also the tax. It is also submitted that the enquiry are on aspects which are not at all connected with the allotment of the vitas and therefore the petitioners cannot be permitted to suffer on account of the delay of completion of the enquiry which are on different aspects. They have also highlighted the aspect of inordinate delay in making the enquiry on an allegation which was made in the year 2020 and only recently vide an order dated 14.11.2025, an enquiry committee appears to have been constituted which is revealed from the affidavit-in-opposition filed by the respondent no. 2 on 14.12.2025. The learned counsel accordingly submit that appropriate orders be passed for allowing the petitioners to complete the construction and to initiate their respective business.

5. Shri Nath, the learned Senior Govt. Advocate, Assam has fairly submitted that though an enquiry was contemplated on the basis of an allegation received against the Chairman and the Executive Member of the Lanka Municipal Board, due to transfer of the respective officers, such enquiry could not be conducted and completed and accordingly, vide a recent notification dated 14.11.2025 a fresh enquiry committee has been constituted. He has however highlighted the Page No.# 18/19

aspect of the seriousness of the allegation which pertains to misappropriation of government fund allotted for construction of the Piyoli Phukan Market by use of low quality materials. He has also submitted that vide a notice dated 24.07.2020, the constructions were stopped and he has submitted that some time may be granted for completion of the enquiry by the newly constituted enquiry committee vide notification dated 14.11.2025.

6. The rival submissions have been duly considered and the materials placed before this Court have been duly examined.

7. It is not in dispute regarding the selection of the petitioner for allotment of vitas pursuant to which, they had also deposited security of Rs.50,000/- each followed by issuance by patta in their names. It is also not in dispute that the construction of the respective establishment was to be done on their own cost and the petitioners had also deposited certain tax to the concerned Municipal Board.

8. The dispute has started with a complaint dated 08.01.2020 to the Directorate which is primarily against the Chairman and the Executive Member of the Lanka Municipal Board. A perusal of the communication dated 21.07.2020 issued by the Addl. District Magistrate, Hojai to the Executive Officer of the Municipal Board would show that the allegation was made against the earlier Chairman of the Lanka Municipal Board and other Members for misappropriation of Government fund allotted for construction of the Piyoli Phukan Market by use of low quality materials during construction and irregularities were also committed during allotment of works. Accordingly, instruction was given for stop construction.

Page No.# 19/19

9. On a reading of the aforesaid communication and the other materials, it does not per se appears that the aspect of allotment of the vitas and the consequential steps taken by the petitioners are in any manner connected with the proposed enquiry or even the allegations. Further, from the materials available on record, the aspect of stopping the construction so far as the vitas allotted to the petitioners are concerned does not appear to be connected with the allegations. In that view of the matter, this Court is of the opinion that there should not be any restraint for the petitioners to complete their construction and start their business in accordance with law.

10. Accordingly, it is directed that in terms of the allotment of the vitas to the petitioners, they would be permitted to complete their construction of the respective units and start their business in accordance with law.

11. The said aspect would however be subject to the outcome of the enquiry which has been initiated as per the notification dated 14.11.2025. It is however made clear that if any adverse materials are found against the petitioners and any further action is contemplated, the petitioners are required to be given appropriate notice and opportunity.

12. Writ petitions accordingly stand disposed of.

JUDGE

Comparing Assistant