SMTI MITHU BHATTACHARJEE W/O LT. MANOJ BHATTACHARJEE AND 2 ORS. Vs. MD BADAR ALAM S/O MD AKBOR ALI @ ALAM

JUDGEMENT

(1.) Heard Mr. R.L Yadav, learned counsel for the petitioner, Mr. K. Agarwal, learned senior counsel appearing for the respondent No.5 and Mr. S. Bora, learned Standing Counsel for the respondent Guwahati Municipal Corporation (GMC).

(2.) The petitioner Smti Wahida Ahmed, wife of Ibrahim Shah Abdali, a resident of Musafirkhana Road, Byelane in Guwahati is also the daughter of the respondent No.9 Molika Ahmed, wife of late Nekibuddin Ahmed. It is taken note of that Molika Ahmed had died during the pendency of this writ petition. The respondent No.5 Sri Shakeel Ahmed is the son of Molika Ahmed, in other words, is also the brother of the petitioner Smti Wahida Ahmed.

(3.) It is the case of the parties that some time in the year 1994, late Molika Ahmed along with her husband had booked a Flat in the apartment building called Luit Apartment located over a plot of land of Dag No.2110 Patta No.127 of Natun Town Sarania, Ulubari Mouza in Guwahati. By an order of 05.09.2003 of the respondent GMC, it was recorded that the respondent No.5 Shakeel Ahmed had submitted an application for transfer of ownership of the Flat against Holding No.87, Ward No.36(B) at B. Barua Road on the ground that he is the legal heir of Molika Ahmed. Accordingly, by the order of 25.05.2004, the application of the respondent No.5 Shakeel Ahmed was allowed and the Flat corresponding to Holding No.87 Ward No.36(B) at B. Barua Road was mutated in the name of the respondent No.5 Shakeel Ahmed. The said order of mutation had been assailed by the petitioner by filing an appeal before the respondent GMC. In the appeal, a stand had been taken by the petitioner that both the petitioner Wahida Ahmed and her mother Molika Ahmed had booked two different Flats with the builder M/s City Apartment Builders. But, the deal undertaken by Molika Ahmed was unsuccessful as she could not pay the required amount. But on the other hand, the deal undertaken by the petitioner Wahida Ahmed was completed and one apartment was allotted to her by the concerned builder. It is the claim of the petitioner that the said apartment allotted to the petitioner is the apartment referred as Holding No.87 of Ward No.36(B) at B. Barua Road, which in fact is the subject of dispute in this writ petition.