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MD. ABDUL KALAM – Appellant
Versus
KRISHNA DEBNATH AND 6 ORS – Respondent


Advocates:
['B C DAS', '', 'A DAS', 'MD H R AHMED', '', 'A ISLAM', 'GA', 'ASSAM']

ORDER

Date : 02-04-2019 Heard Mr. BC Das, learned Senior Counsel assisted by Ms. A Das, learned counsel for the applicant and Mr. HR Ahmed, learned counsel for OP Nos.1 and 2. Also heard Ms. S Roy, learned counsel for Hojai Municipal Board.

This application has been filed for vacation of the interim order dated 02.11.2018 passed in WP(C) No.7581/2018.

Be it stated that OP Nos.1 and 2 as the writ petitioners have preferred the related writ petition, being WP(C) No.7581/2018 assailing the legality and correctness of the intimation dated 04.10.2018 of the Vice Chairman, Hojai Municipal Board directing them to stop all types of construction work of the RCC building. OP Nos.1 and 2 are the writ petitioners whereas applicant is respondent No.6 in the writ petition.

A perusal of the impugned intimation would go to show that a complaint was made by the applicant against the construction of building by OP Nos.1 and 2. After hearing the matter, Vice Chairman took the view that it was a land dispute between the parties which should either be amicably settled or if that is not possible, should be adjudicated by a judicial forum. Either way, till such settlement is arrived at, OP Nos.1 and 2 should

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