JUDGMENT :

Heard Mr. I. Choudhury, learned senior counsel, assisted by Mr. A.K. Baruah, learned counsel for the petitioner and Mr. J.K. Goswami, learned Addl. Senior Govt. Advocate appearing for the respondent nos. 1 to 3.

2) Mr. P.J. Saikia, the learned counsel who had entered appearance on behalf of the respondent no. 3 and 4, i.e. the Biswanath Chariali Municipal Board and its Chairman, is present and has submitted at the outset that during the pendency of this writ petition, the term of the said Board had expired and the said Board has been taken over by the Deputy Commissioner, Biswanath Chariali and the affairs of the respondent no. 3 i.e. the Biswanath Municipal Board is now run by the Deputy Commissioner through a nominated officer and therefore, at present there is no Chairman i.e. respondent no. 4. Accordingly, it is submitted that although he is on record for respondent nos. 3 and 4, but as the respondent no. 3 is being controlled by the State, for all intents and purport, the Govt. Counsel would ideally have to represent the said respondent nos. 3 and 4. On a perusal of the record, it is seen that the affidavit-in-opposition on behalf of the respondent nos. 3 and 4 was si