Point of Law: Legal representatives of plaintiff by giving sufficient time and after giving them reasonable opportunities of hearing, was directed to review order and thereupon shall pass a speaking order afresh.

JUDGMENT AND ORDER :

Heard Mr. P. J. Saikia, the learned senior counsel assisted by Ms. M. Nirola, the learned counsel for the petitioner. Also heard Mr. N. Goswami, the learned Government Advocate for the respondent Nos.1 to 2 as well as Mr. N. N. Upadhyaya, the learned counsel appearing on behalf of the respondent No.4.

2. This Court vide an order dated 18.12.2020 issued notice and further directed that operation of the impugned notice dated 18.11.2020 and further proceedings in connection thereto was stayed till the returnable date.

3. It further appears on record that the said interim order passed on 18.12.2020 was extended from time to time and is still continuing till date. The respondent No.4 being affected by the said interim order, filed an application seeking vacation, modification and alteration of the order dated 18.12.2020. The said application has come up before this Court for consideration.

4. Upon hearing the learned counsel for the parties it transpires that any decision in the said stay vacating application which has been registered and numbered as I.A.(C) No.603/2021 shall lead to the final disposal of the writ petition, this Court has taken up the said writ petition for disposal at the stage itself.

5. For appreciating the dispute involved in the instant proceedings it would be relevant to take note of that one Shankar Lal Bowari (since deceased) claiming that the petitioner herein was his tenant had instituted a suit being Title Suit No.10/2009 in the Court of the Munsiff at Dibrugarh against the Dibrugarh Municipal Board as well as the petitioner who was arrayed as the defendant No.3. In the said suit, the said Shankar Lal Bowari prayed for declaration that the order dated 26.05.1997 issued by the Dibrugarh Municipal Board granting lease of the suit property, i.e. the plot of land measuring 650 sq. ft. of Site No.15, Ward No.11, covered by Dag No.618 of PP No.91 in Marwaripatty Ward, Dibrugarh Town Mouza as illegal and for cancellation of the same as well as for other consequential relief. The said suit was decreed vide the judgment and decree dated 21.03.2017 whereby the order dated 26.05.1997 passed by the Executive Officer, Dibrugarh Municipal Board declared to be null and void. The Trial Court further directed the defendant Nos.1 & 2 who are the respondent Nos.1 & 2 herein to restore the possession of the plaintiff over the suit premises and the defendant No.3, i.e. the petitioner herein was directed to deliver vacant possession of the suit premises to the plaintiff.

6. At this stage, it may be relevant herein to mention that the respondent No.4 herein is one of the legal representatives of Late Shankar Lal Bowari. The petitioner herein, being aggrieved by the said judgment and decree dated 21.03.2013, preferred an appeal before the Court of the Civil Judge, Dibrugarh which was registered and numbered as Title Appeal No.32/2013. The First Appellate Court, after hearing the parties, set aside the said judgment and decree dated 21.03.2013 passed by the Trial Court vide the judgment and decree dated 17.08.2017 by modifying the judgment and decree with the following relief(s) which for the sake of convenience is reproduced herein below:-

A) The Dibrugarh Municipal, Dibrugarh shall call upon the appellant and the legal representatives of the plaintiffs/respondents by giving sufficient time and after giving them reasonable opportunities of hearing shall review the impugned order dated 12.06.1997 (Ext.-4) and thereupon shall pass a speaking order afresh thereon. The whole process be completed within a period of three months from the date of receipt of the copy of this judgment and order.

(B) As the parties have incurred expenditure in pursuing the appeal, it is directed that they shall bear the respective cost of litigation.

7. It is an admitted case of both the parties that the said judgment and decree passed by the First Appellate Court has attained finality taking into consideration that the civil revision petiti