JUDGMENT :

SUDHANSHU DHULIA, J.

1. Heard Ms. S.B. Choudhury, learned counsel for the petitioner. Also heard Mr. P. Sarma, learned Additional Senior Government Advocate, Assam, appearing for respondent Nos.1 and 4, Mr. Sishir Dutta, learned senior Standing Counsel, Silchar Municipal Board, appearing for respondent Nos. 2 and 3 and Mr. K.N. Choudhury, learned senior counsel assisted by Mr. D.J. Das, learned counsel appearing for respondent No. 5.

2. This writ petition has been filed by the petitioner challenging the order dated 20.08.2021 (Annexure-VIII to the writ petition) passed by the Additional Deputy Commissioner, who is the appellate authority under the Assam Municipal Act, 1956 [in appeal, being M.A. Case No. 07/2020, Sri. Biswajit Roy vs. The Executive Officer, Silchar Municipal Board]. By the said order, the earlier order dated 12.11.2020 passed by the Executive Officer of Silchar Municipal Board (hereinafter to be referred as ‘the Board’) for demolition of unauthorised building has been set aside. But before we come to the merits of the case and examine the relevant Build