JUDGMENT :

DEVASHIS BARUAH, J.

1. Both the writ petitions are taken up for disposal vide this common judgment and order taking into account that both the writ petitions are interconnected.

2. The disputes between the parties herein relates to a stall bearing No. 100/86 measuring 20 Sq. Meters in the daily market of Kharupetia Town Committee which is a Committee registered under the provisions of the Assam Municipal Act, 1956. It is seen from the records that one Fateh Chand Saroogi was allotted the land on which Shop No. 100 was located in the daily market, Kharupetia by the then Chairman, Local Board against treasury Challan No. 18 dated 06.09.1954 and the Challan No. 39 dated 20.10.1954. Thereupon, the said Fateh Chand Saroogi transferred the stall to one Shri Shib Karan Sarmah and this transfer was approved by the then Chairman, Kharupetia Town Committee dated 01.03.1990. Subsequent thereto, the said Sib Karan Sarmah transferred the said Stall No. 100/86 measuring 20 Sq. meters of the daily market to the Petitioner i.e. Shri Arun Ch. Paul who is the Petitioner in WP (C) No. 3076/2021.

3. The record further reveals that the Petitioner in WP (C) No. 3076/2021 rented out the said stall to the Respondent Nos. 5, 6 and 7 of WP (C) No. 3076/2021. It is further relevant to take note of that there were various litigations between the Petitioner and the Respondent Nos. 5, 6 and 7 relating to rent dispute for which the Petitioner sought for eviction of the Respondent Nos. 5, 6 and 7. Though initially the learned Trial Court had decreed the suit in favour of the Petitioner, but subsequently, the said decree was reversed by the First Appellate Court and the said order of the First Appellate Court was confirmed by this Court in exercise of the powers under Section 115 of the Code of Civil Procedure, 1908.

4. While the above disputes were pending, the Kharupetia Town Committee through its Executive Officer vide an order dated 05.11.2002 cancelled the allotment made in favour of the Petitioner. This cancellation was put to challenge before this Court in WP (C) No. 7073/2002. However, the said writ petition was dismissed by this Court vide an order dated 02.06.2009. Thereupon, the Petitioner preferred an appeal before the Division Bench of this Court which was registered and numbered as WA No. 26/2011. The Division Bench of this Court vide an order dated 09.10.2012 set aside the order dated 05.11.2002 passed by the Executive Officer of Kharupetia Town Committee without expressing any opinion on merits and directing the Executive Officer of the Kharupetia Town Committee for a fresh decision in the matter. The Respondent Nos. 5, 6 and 7 herein were the Respondent Nos. 4, 5 and 6 in the said writ appeal who claimed that they were in possession of the stall in question. Under such circumstances, the Division Bench of this Court directed the Executive Officer of the Kharupetia Town Committee to take a decision afresh in accordance with law and the parties were directed to appear before the Executive Officer for further proceedings on 20.12.2012. On the basis of the directions so passed by the Division Bench of this Court on 09.10.2012 in WA No. 26/2011, the Chairman of Kharupetia Town Committee passed an order on 20.08.2013 whereby it was mentioned that it was decided that Respondent Nos. 5, 6 and 7 herein should vacate the occupation in respect to the stall in question as the said occupation was without having any authority of law. It was further mentioned that if the said Respondent Nos. 5, 6 and 7 herein do not vacate, legal action as per law would be taken to recover the possession of Ghumti No. 86. This order dated 20.08.2013 was put to challenge by the Respondent Nos. 5, 6 and 7 as petitioners in WP (C) No. 5334/2013.

5. This Court vide an order dated 13.09.2013 issued Rule and in the interim directed that status quo be maintained as regards the possession of Ghumti No. 86 of Kharupetia Daily Market however liberty was given to the Respondents