ABDUL HANNAN LASKAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. H. R. A. Choudhury, the learned Senior counsel assisted by Mr. F. U. Barbhuiya, the learned counsel appearing on behalf of the Petitioners in the instant batch of writ petitions. I have also heard Mr. D. Saikia, the learned Advocate General, Assam assisted by Mr. D. Nath, the learned Senior Government Advocate appearing on behalf of the State of Assam and the other Respondents.

(2.) In the instant batch of writ petitions, the Petitioners herein have assailed the Notification dtd. 28/11/2022 issued by the Commissioner and Secretary to the Government of Assam, Department of Housing and Urban Affairs whereby the final notification was issued under Sub-Sec. (5) of Sec. 3 of the Assam Municipal Corporation Act, 2022 (for short 'the Act of 2022') to constitute the Silchar Municipal Corporation with wards with boundary marks annexed as Annexure-A along with a map as Annexure-B.

(3.) The issue involved in the instant batch of writ petitions is a legal issue as to whether the consideration of the objections in terms of Sec. 3 of the Act of 2022 have been done in accordance with the provisions of the said Act of 2022. The grievance of the Petitioners as have been submitted by the learned Senior counsel appearing on behalf of the Petitioners is that the objections which were submitted by the Petitioners have been perfunctorily disposed of without showing that there has been any consideration. In addition to that, the learned Senior counsel appearing on behalf of the Petitioners have also submitted that in terms of Sec. 3(4) of the Act of 2022, it is only the State Government who is to decide such objections and not by the Deputy Commissioner and in the instant case it would be seen from the enclosure to the affidavit-in-opposition i.e. the communication dtd. 4/11/2022 issued by the Deputy Commissioner that the consideration and the decision was made by the Deputy Commissioner and the State Government did not further make any endeavor to make any further consideration.