AFIYA BEGUM LASKAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) The instant intra-Court writ appeal is directed against the judgment and final order dtd. 13/9/2022, passed by learned Single Bench in WP(C) No.5468/2019 and WP(C) No. 5419/2020.

(2.) The appellants/ writ petitioners claim to have been selected for allotment of 29 Nos. of shop-rooms to be constructed in the Algapur Bazar by the Algapur Gaon Panchayat in furtherance of notice dtd. 13/11/2009. It is stated that the total number of 53 applicants participated in the allotment process wherein, the appellants/ petitioners were selected. They deposited advance amount of Rs.2,10,000.00 each in installments and the shop-rooms were constructed by the Construction Committee of the Gaon Panchayat by utilizing the said fund.

(3.) Appellants/writ petitioners claim that after the construction was completed, lease deeds were executed on 1/9/2011 between the Algapur Gaon Panchayat, represented by its President and the individual allottees (appellants/petitioners) in presence of witnesses. However, the possession of the shop-rooms was not handed over to the appellants/ petitioners upon which they approached this Court by filing writ petition, being WP(C) No. 6397/2017 wherein, interim order dtd. 30/10/2017 was passed observing that the Algapur Gaon Panchayat would be at liberty to hand over the possession of the shop-rooms to the allottees. Accordingly, the appellants claim to have taken possession of the shop-rooms and are running their businesses therein.