GAHC010030062018 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/998/2018 SAJAN KUMAR CHOUDHURY S/O. LT. ATMA RAM CHOUDHURY, R/O. WARD NO. 2, BHAKATPARA ROAD, NALBARI TOWN, DIST. NALBARI, ASSAM.

VERSUS THE STATE OF ASSAM AND 3 ORS REP. BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM, URBAN DEVELOPMENT DEPTT., DISPUR.

2:THE NALBARI MUNICIAL BORAD REP. BY THE CHAIRMAN NALBARI MUNICIPAL BOARD NALBARI PIN-781335

3:CHAIRMAN NALBARI MUNICIPAL BORAD NALBARI ASSAM PIN-781335

4:DHARMA RAM MEDHI S/O. LATE SUKRAM MEDHI R/O. WARD NO. 1 NALBARI TOWN DIST. NALBARI ASSAM PIN-78133 Advocate for the Petitioner : MR D CHOUDHURY, MS. A K CHOUDHURY,MR. S N KRISHNATRAYA,MR. T ALI,MR. M CHOUDHURY Advocate for the Respondent : GA, ASSAM, MS. P MAHANTA(r-4),MS. P BHATTACHARYA (r-4)

BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

ORDER

23.02.2026 Heard Shri D. Choudhury, learned counsel for the petitioner. Also heard Shri N.

Das, learned State Counsel, Assam as well as Ms. P. Bhattacharya, learned counsel for the respondent no. 4.

The issue involved in this writ petition, which was instituted in the year 2018, is with regard to change/omission in the Holding No. 6 which was in the name of the petitioner. It is contended on behalf of the petitioner that the holding was initially in the name of his father as Holding No. 310 of Ward No.1 in the year 1969-70. After the demise of the father of the petitioner in the year 2009, the petitioner’s name was entered in the holding number and in this regard, reliance upon a certificate dated

28.04.2009 issued by the Administrator, Nalbari Municipal Board has been made. The grievance of the petitioner is with regard to the subsequent action by which, the respondent no. 4 has been shown to be in possession of the premises in question in spite of the fact that the respondent no. 4 has a distinct Holding No. 7. The learned counsel for the petitioner has referred to Section 83 of the Assam Municipal Act, 1956 which empowers the Municipal Board to make changes, including substitution of names of any other person for which, a month’s notice is mandatory.

It transpires from the record that the Nalbari Municipal Board (Board) had initially entered appearance. However, the learned counsel had withdrawn from the matter and thereafter there is no representation.

During that time, the Board had, however, not filed any returns. In the opinion of this Court, the response of the Board would be necessary for a complete adjudication.

In the alternative, the records pertaining to the subject matter is required to be procured. This Court, accordingly directs the State Counsel to communicate with the Board and also procure the records. The Board, however, would be at liberty to engage their own counsel, if so advised. The present direction has been given under the peculiar facts and circumstances as the earlier counsel has withdrawn from the Board and thereafter, there is no representation.

List this case on 18.03.2026.

Let a copy of this order be furnished to Shri Das, learned State Counsel for doing the needful.

JUDGE Comparing Assistant