IMPORTANT POINT
Statutory authorities cannot act on verbal instructions and must follow due process, including issuing notice before enforcement actions.

JUDGMENT :

Heard Mr. A.I. Ali, the learned counsel appearing on behalf of the petitioners and Mr. P. Nayak, the learned Standing Counsel appearing on behalf of the Respondent Nos. 1 to 5.

2. The instant writ petition has been filed by the petitioners complaining about the highhanded action on the part of the Respondent authorities in removing the kiosk/shop of the petitioners including the goods therein at the middle of the night of 12.07.2024 from the Petitioner No.1’s premises, that too, without issuance of any notice.

3. The brief facts leading to the dispute are narrated briefly infra. It is the case of the petitioners herein that a plot of land admeasuring 3 bighas 3 kathas and 9.93 lechas covered by Dag Nos.1498, 1500, 1502, 1503, 1653, 1654 and 1655 of KP No.585 under Mouza-Ulubari, Village-Ulubari in the district of Kamrup (Metro), Assam is a part of Anowaruddin Wakf Estate, i.e. the Petitioner No.1. The said plot of land is adjacent to the GS Road at Bhangagarh. In the said plot of land, the Petitioner No.2, who is the Mutawalli of the Petitioner No.1 had leased out a kiosk/shop to the Petitioner No.3 in order to allow him to open a shop to carry out food and beverage business. In that regard, a tenancy agreement was also entered into between the Petitioner No.2 for an on behalf of the Petitioner No.1 and Petitioner No.3. To the utter shock and surprise of the petitioners, at around 11:30 PM on 12.07.2024, without any notice whatsoever, some persons forcefully removed the kiosk/shop of the petitioners. The said acts were committed with the help of a hydraulic crane bearing registration No.AS01-DS-8321 and a Dumper Truck bearing registration No.AS01-QC-9459. On the basis thereof, an FIR was filed at Bhangagarh Police Station which was registered and numbered as Bhangagarh P.S. Non FIR Case No.21/2024. Subsequently, the petitioners could come to learn on further enquiries and a communication dated 17.08.2024 being issued by the Collector of the Guwahati Municipal Corporation that the said action was taken upon verbal instructions of one Additional Secretary to the Government of Assam in the Department of Housing and Urban Affairs on the ground that during field inspection, no trade licence was found. The contents of the said communication dated 17.08.2024 being relevant is reproduced herein under:-

4. It is under such circumstances, the petitioners have approached this Court alleging the high handedness on the part of the GMC authorities, that too on the basis of verbal instructions being issued by an official of the Department of Housing and Urban Affairs. In addition to that, the petitioners alleged that such action without notice to the petitioners goes against the Rule of law.

5. This Court vide an order dated 13.09.2024 issued notice and directed the Respondent authorities to bring on record their stand by filing the affidavit. In accordance thereto, an affidavit was filed on 25.09.2024 by the Joint Commissioner, Guwahati Municipal Corporation. A perusal of the contents of the said affidavit shows that the respondents had tried to improve on the grounds set out in the communication dated 17.08.2024 in as much as certain add