(1.) HEARD Ms. R Dutta, Advocate for the petitioner. Also heard Mr. KP Bhattacharjee, Govt. Advocate, for respondent No. 1, Mr. SP Mahanta, Senior Advocate, assisted by Ms. Suniti Rai, Advocate, for respondent No. 2. None appears for respondent No. 3 inspite of proper service of notice to him.
(2.) THE relief sought for in the present writ petition is for a direction to the respondents to initiate proceeding/action for removal of all structures erected by respondent No. 3 over Haji Elahi Baksh Wakf Estate at Sweeper Lane Bara Bazar, Shillong.
(3.) THE Haji Baksh Wakf Estate comprises of several landed properties in Shillong and the landed property measuring 7488 sq. ft. covered by Patta No. 8 of 2006 granted by the Syiem of Mylliem in durbar, Shillong and covered by Municipal Holding No. 3 and Ward No. 17, South East Mawkhar, situated at Sweeper Lane, Bara Bazar, Shillong is one of the wakf properties under the said Wakf Estate. It is stated in the writ petition that the respondent No. 3 was allowed to construct a temporary structure in the said Municipal Holding No. 3 and Ward No. 17 with the undertaking that as and when required, the respondent No. 3 shall remove the said temporary structure. Copy of the undertaking made by the respondent No. 3 dated 25.06.1990 is available at Annexure 7 to the writ petition. After the case regarding appointment of Mutawalli had been decided by the High Court, and affirmed by the Apex Court, the Secretary, Meghalaya Urban Development Authority, Shillong under his letter dated 06.05.2003 directed the respondent No. 3 to remove the said temporary structures as per undertaking made by him in view of the judgment and order of the High Court dated 10.04.2002. Copy of the said letter dated 06.05.2003 is available at Annexure 9 to the writ petition which reads as follows: