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THE HIGH COURT OF GAUHATI (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
KARDAK ETE
Sweta Mazumdar Choudhury W/o Mr. Samarendra Choudhury – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
(KARDAK ETE, J.)
Heard Ms. D. Borgohain, learned counsel for the petitioner. Also heard Mr. N. Goswami, learned State Counsel appearing for the State respondent, Mr. D. Chakrabarty, learned counsel for respondent Nos.2, 3 & 4 and Ms. S.B. Choudhury, learned counsel for the respondent No.5.
2. Challenge made in this writ petition is to the letter dated 29.02.2020, issued by the Managing Director, Assam State Cooperative Housing Federation Ltd., Assam (in short “the HOUSFED”), by which the flat owned by the petitioner’s late father has been allotted to the respondent No.5, namely, Samarendra Kalita. The petitioner has prayed for a direction to the respondent Nos.1 & 2, to cancel the allotment of Flat No.C-702 in favour of the respondent No.5 and for its restoration in favour of the legal heirs of Late Abdul Muhib Mazumdar i.e. the petitioner and her younger sister.
3. The facts, in brief, are that the late father of the petitioner Abdul Muhib Mazumdar become the lawful owner of the Flat No.C-702 at Rukminigaon Housefed Apartment and possessed and occupied the said flat premises for his use and that of his family. Her Late father used to pay all
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