PINKU DEY Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Shri K.N. Choudhury, learned Sr. Counsel for the petitioners, assisted by Shri J. Abedin in WP(C) No. 6786/2014. Also heard Ms. K. Phukan, the learned State counsel for the Page No.# 15/16 respondents Nos. 1 to 4 and Shri J.M.A. Choudhury, learned counsel for the respondent No. 5. Shri U.K. Goswami for the respondent Nos. 6 to 8 and Shri D.K. Sarmah for the private respondent Nos. 11,15,18 to 22, 26 to 28,31,34 to 37, 39 to 41, 45, 46 and respondent Nos. 9,10,12,13,14,23 to 25,29,30,32,33,38,42, 43,44.

(2.) At the outset Shri Choudhury, the learned Sr. Counsel has submitted that the issue in question has already been decided by this Court in a writ petition being WP(C) No. 7456/2013 vide an order dated 20.03.2017 and therefore, there is little scope for further adjudication of the writ petition as the same would be covered by the same judgment.

(3.) On a perusal it appears that the earlier judgment passed by this Court was in a writ petition instituted by two petitioners who claim themselves to be previous vita holders and were in the list of 318 persons and had applied for space in the newly constructed multi- storied Business Centre (Market Complex) of Lanka Municipal Board but were denied space. This Court, vide an earlier order had called for a report from the D.C. Nagaon after making an enquiry as to whether the petitioners in that case were earlier occupying vitas. Pursuant to such order, an enquiry was made culminating to an order dated 20.08.2018 which fortified the claim of the two petitioners and keeping that into view, this Court had directed the concerned authorities to allot stalls to the petitioners as they were found to be earlier vita holders.