SIVASAGAR MUNICIPAL BOARD Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. K. N. Choudhury, learned Sr. Counsel assisted by Mr. P. Bora, learned counsel for the petitioner. Also heard Mr. R. Chakravorty, learned State Counsel appearing on behalf of the State-Respondents and Mr. G. N. Sahewalla, learned Sr. Counsel assisted by Mr. B. Sharma, learned counsel appearing on behalf of private Respondent No. 4.

(2.) Considering the nature of controversy involved in this writ petition as well as on consent of the learned Counsel for the parties, this petition is taken up for final termination to day itself at the motion stage.

(3.) The Respondent No. 4 has been settled with Parking Zone under the petitioner on 22-8-2002 for the period 2002-2003 in terms of NIT dated 17-5-2002. While the Respondent No. 4 had been enjoying the said settlement, he had been found to be in default of payment of Kist money as well as non-execution of the lease deed, for which the petitioner had to issue communication dated 8-11-2002 (Annexure-VII to the writ petition) asking him to deposit the kist money for the month of November within 11-11-2002 and to execute the lease deed with a caution that failure to take such steps may result in cancellation of the settlement. In reply to the said communication, the private respondent had filed his explanation. As the respondent failed to comply with the said direction of the petitioner, ultimately on 9-12-02, the petitioner had to issue a final show cause by directing him to deposit the kist money for the month of November/December 2002-03 on 11-12-02 and also to execute the deed otherwise his settlement, 'shall be cancelled'. Being aggrieved by the said show cause, the respondent No. 4 approached the learned Addl. Deputy Commissioner, Sibsagar invoking S. 296 of Assam Municipal Act, 1956 (for short 'the Act'). The learned Addl. Deputy Commissioner after hearing the parties by exercising power under Section 296 of the Act by his order dated 31-12-2002 (communicated on 2-1-2003) in Misc. Case No. 229/02 under S. 296 of the Act allowed the prayer of the respondent quashing the show cause notice dated 9-12-02 issued by the petitioner.