(1.) THIS is a petition under Article 226 of the Constitution of India for a writ or writs of the nature of Mandamus and Prohibition on the five opposite parties of whom opposite party No. 1 is the Deputy Commissioner of Lakhimpur, No. 2 Municipal Board of Dibrugarh, No. 3 the present lessee, No. 4 an unsuccessful bidder and No. 5, the State of Assam. The petition is on behalf of one Mahboob Khan who claims to be the lessee of a municipal market within the municipality of Dibrugarh for the year 1952 -53 and his allegation is that the Deputy Commissioner by an illegal order restrained him from obtaining the lease and the Government of Assam have affirmed that order.
(2.) THE facts of the case are as follows:
(3.) THE main contention of the petitioner has been that the order of the Deputy Commissioner passed on 14 -5 -1952 against the interest of the petitioner is illegal, unwarranted/ discriminatory and amounts to an infringement of the fundamental rights as prescribed under Article 19(1)(g) read with Clause (6) of that Article. The petitioner further contends that the order of the Deputy Commissioner passed on 14 -5 -1952 being illegal and void, the resolution of the Municipal Board influenced by the said order is ineffective and that the Government's order affirming the order of the Deputy Commissioner is also without force the initial order itself being illegal.
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