CHANDAN PAUL Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. B. Malakar, learned counsel appearing on behalf of the petitioner. Mr. S.R. Baruah, learned Government Advocate appears on behalf of the respondent Nos.1 to 3 and Mr. N.H. Rajbarbhuiyan, learned counsel appears on behalf of the respondent Nos.8 and 9. None have choosen to appear on behalf of the respondent Nos.4 to 7.

(2.) The instant Writ Petition has been filed seeking a writ in the nature of Certiorari for setting aside and quashing the impugned letters dtd. 10/7/2014, issued by the Chairman In-Charge of the respondent No.4 of the Badarpur Town Committee, Badarpur whereby the market place was leased out to the private respondent Nos.6-9. The petitioners have also sought for a writ in the nature of Mandamus directing the Chairman of the Badarpur Town Committee, Badarpur not to proceed for settlement of the Badarpur Town Committee Market Complex, without following the statutory Rules, laid under the Assam Municipal Act, 1956 (for short 'the Act of 1956').

(3.) The fact as is discernable from the perusal of the pleadings is that the Badarpur Town Committee had constructed a two storied building, having approximately 3400 sq. ft. on each floor, for its office purpose and for Municipal Market on the land owned and possessed by Badarpur Town Committee. After construction of the said building, the Badarpur Town Committee had let out the ground floor of the said building measuring around 3400 sq. ft. to some individuals for their shop in the said market building complex. The office of the Badarpur Town Committee was proposed to be accommodated over 1400 sq. ft. in the first floor of the said building and the remaining 2000 sq. ft. in the first floor of the said building Complex was proposed to be leased out for their trade/organizational purpose of various organizations.