KAMAL GOSWAMI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. S. Mcdhi, learned counsel appearing for the petitioner and Mr. K. C. Mahanta, learned State counsel appearing for the official respondents. None appears for the GMC as well as private respondents despite notice, when the matter is taken up for final hearing today.

(2.) The correctness and validity of the order dated 31.10.98 passed by the Commissioner and Secretary to the Government of Assam, Gauhati Development Department (for short the Commissioner') has been challenged in this writ petition.

(3.) Against order dated 15.7.97 passed by the Standing Appeal Committee, Gauhati Municipal Corporation (for short 'the G.M.C.') in Appeal Case No. GCL/53 of 1996 preferred by the Respondent No. 4 herein as the appellant against the petitioner and others, an application under Section 420 of the Gauhati Municipal Corporation Act 1971 (for short, 'the Act') was filed on 28.10.1998 by the petitioner narrating following facts The case in brief is that late Bhuban Ch. Goswami deceased father of the petitioner applied on 28.6.93 for cancellation of holding No. 55 standing in the name of Smti Madhuri Das. W/O Sri P. K. Das of ward No. 20(O) 30 (N) at J,C. Das Road as Smti Madhuri Das allegedly obtained the said holding number fraudulently by suppressing facts. The learned Additional Commissioner GMC cancelled the holding No. 55 in the name of Smti Madhuri Das W/O Sri P. K. Das by an order dared 25.2.96 in Mutation case No. GTX/CZ/60/93 after hearing both parties and taking evidences and the said order was approved by the learned Commissioner, GMC on 27.2.96, On being aggrieved, Smti Madhuri Das riled an appeal before the GMC Standing Appeal Committee. The learned Standing Appeal Committee admitted the appeal in appeal case No GCL/53/98 and passed orders 15.7.97 by setting aside the impugned order dated 25.2.96 passed by the learned Additional Commissioner, GMC in Mutation case No. GTX/CZ/60/ 93. The Commissioner, GMC was directed to restore the holding No. 55 of Ward No. 20 (old) 30 (new) of GMC in the name of the appellant Smti Madhuri Das, if delected by then. And thus appeal of Sri K. Goswami was rejected by the learned Standing Committee by their order dated 15.7.97."