BINDITA SEN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. K. N. Choudhury, learned Senior counsel assisted by Mr. T. Deuri, learned counsel for the petitioner and Mr. K. Gogoi, learned Additional Senior Government Advocate, Assam for the official respondent Nos. 1 to 4.

(2.) It is stated by the petitioner that her husband, Dolan Chandra Nath opened a shop, namely,"Maa Sarada Dashakarma Bhabdar", located in front of the Assam Gramin Bikash Bank, Basugaon in the district of Chirang, taking the said shop on rent. Her husband expired due to an unfortunate accident that took place on 2/5/2019, living behind her and their minor son. After the death of her husband, her elder brother-in-law, i.e., her husband's elder brother, namely, Nabin Sen @ Bulu told her that he wants to run the said shop of her husband for a few days and started sitting in the said shop and thereby, illegally took its possession, though he does not have any right over it. Inspite of her approach for amicable settlement, said elder brother-in-law, Nabin Sen @ Bulu did not give any heed to her request and claim nor paid her or shared any amount from the profit that he earned from the said shop of her late husband and also did not pay her any amount to maintain herself as well as her minor son.

(3.) Petitioner also stated that on her application, the Inspector of Shops and Establishments, Kokrajhar on 11/2/2020 issued a Certificate of Registration in her name pertaining to the said shop stating as Grocery and "Dashakarma" shop. In that regard, the Basugaon Town Committee on 9/9/2019 issued a license in her name under Ss. 229, 330 and 236 of the Assam Municipal Act, 1956 and Bye-Laws Nos. 302/154/321 of the Basugaon Town Committee to carry out the trade of Grocery and Stationary shop.