JOY BRATA KUNDU Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. S. Sahu, learned counsel for the petitioners and also heard Ms.R. Choudhury, learned counsel for the respondents.

(2.) This writ petition has been filed under Article 226 of the Constitution of India, being aggrieved by the order dtd. 30/5/2025 passed by the Presiding Officer, Maintenance Tribunal, Dhubri Sub Division, Dhubri whereby the petitioners and their family members have been directed to vacate the premises of the respondent No.2 by removing of their belongings and to deliver peaceful possession to the respondent No.2 within 20 days from passing of the order.

(3.) Notice in this case was issued on 25/6/2025 and the impugned order was kept in abeyance. The respondent No.2 having received the notice, entered appearance and filed an application for vacation /modification/alteration of the order dtd. 25/6/2025. Affidavit in opposition to the interlocutory application was filed by the writ petitioners. On the Interlocutory Application being listed along with the writ petition for consideration, the counsel for the parties submitted that the writ petition may be taken up for disposal. The counsel for respondent No. 2 had prayed that permission may be granted to refer to the contents of the interlocutory application to support the case of respondent No. 2 as no affidavit-in-opposition had been filed by the respondent No. 2 but the contents of the interlocutory application would suffice to answer the writ petition and the same was also supported by an affidavit. The permission was granted and the writ petition was taken up for hearing.