SHYAMANTA THAKUR Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE case of the petitioners may, in brief, be set out as follows :

(2.) THE respondent-High School did not file any affidavit-in-opposition, but filed a Miscellaneous Application, which gave rise to Misc. Case No. 4048/2007, whereby the respondent-High School sought to get the interim order stopping them from going ahead with their construction work vacated. At paragraph 15 of this Miscellaneous Application, the applicants submitted that their Miscellaneous Application may be treated as their affidavit-in-opposition.

(3.) FROM their Miscellaneous Application and the submissions made, during the course of hearing, what transpires to be the case of the respondent-High School is as under :