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2021 Supreme(Gau) 48

KALYAN RAI SURANA
Pradip Kr. Das S/O Lt. Paritosh Kumar Das – Appellant
Versus
Karbi Anglong Autonomous Council Ors Rep. By Its Secretary, Department Of Town And Country Planning And Social Welfare – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. P.C. Dey, Advocate
For the Respondent: Mr. J. Chutia, Ms. M. Kemprai, Standing Counsel

JUDGMENT :

Heard Mr. P.C. Dey, learned counsel for the petitioner. Also heard Mr. J. Chutia, assisted by Ms. M. Kemprai, both being learned standing counsel for Karbi Anglong Autonomous Council, respondent nos. 1 to 3. None appears for respondent no.4.

2. By filing this writ petition under Article 226 of the Constitution of India, the petitioner has prayed for directing the respondent authorities to allow the petitioner to do his duties as Tax Collector of Bakalia Town Committee pursuant to resolution no. 4 of Bakalia Town Committee dated 30.08.2013, and further direction to the respondent authorities not to appoint any other person till disposal of the writ petition, and for setting aside the order under Memo no. BTC/Audit/Pt-1/83/2010/ 1239(A) dated 11.11.2013 (Annexure-H).

3. The case projected in this writ petition is that in the year 2008 the petitioner was allowed to collect tax on behalf of Bakalia Town Committee and a formal appointment letter as Tax Collector was issued on 17.06.2009. Although the respondent authorities found the accounts submitted by the petitioner to be correct, but the audit conducted by the Office of the Accountant General of Assam for year ending 31.03.2

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