MRIDUL; DUTTA Vs. STATE OF ASSAM

JUDGEMENT

(1.) The writ petitioner Shri Mridul Dutta has been operating his business of audio-cassettes, radio and tape etc. in the name and style of M/ s. M.B. Enterprise in a room constructed by him by the side of A.T. Road at Jorhat town since 1990 under authority of a trade licence obtained from the Jorhat Municipal Board, hereinafter referred to as "the Board". The business premises has also been allotted with a House No. i.e. No. 54 of Part 10 of Jorhat town by the Board. The Petitioner paid annual fees/ tax to the Board till March, 1993. But on 6,7.93, an officer from the Board visited the premises and took measurement thereof. The petitioner collected the information that the Board was soon going to demolish the structure standing thereon. Apprehending imminent eviction, the petitioner moved this writ petition under Article 226 of the Constitution challenging the competence of the Board to take recourse to such action as the land in question did not vest with the Board and, that too, without serving any notice. In addition, it is also averred that no notice has also been served upon him under Rule 18 of the Rules framed under the Assam Land and Revenue Regulations, 1886 and, as such, any step taken by the Respondents to evict him or demolish the premises constructed by him will be in violation, of the law in force.

(2.) At the initial stage, on being moved, this Court vide order dated 9.7.93 issued a Rule and also passed an interim order prohibiting demolition of the premises described in the writ petition until further orders.

(3.) Mr. G. Gopal, learned counsel for the petitioner and Mr. S. Muktar, learned counsel for the Respondents Nos. 1 and 4, advanced argument in support and in opposition of the averments made in the petition. Mr. Gopal, during the course of argument, referred to the documents Annexures-1 to 4 annexed with the writ petition to substantiate the contention of the petitioner as stated above.