Page No.# 1/8 GAHC010086062023 2025:GAU-AS:12103 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2461/2023 NIRMALENDU LASKAR S/O- LATE NIRANJAN CHANDRA LASKAR, R/O- SREEMA ROAD, TIKARBASTI, P.O. AND P.S.- SILCHAR, DISTRICT- CACHAR, ASSAM, PIN- 788001. VERSUS THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, DEPARTMENT OF URBAN DEVELOPMENT (UDD), DISPUR, GUWAHATI- 781006. 2:SILCHAR MUNICIPAL BOARD REPRESENTED BY ITS CHAIRMAN/ EXECUTIVE OFFICER SILCHAR- 788001. 3:EXECUTIVE OFFICER SILCHAR MUNICIPAL BOARD SILCHAR DIST- CACHARASSAM PIN- 788001. 4:BIMALENDU LASKAR S/O- LATE NIRANJAN CHANDRA LASKAR R/O SREEMA ROAD TIKARBASTIP.O. AND P.S.- SILCHAR DISTRICT- CACHAR ASSAMPIN- 788001 Advocate for the Petitioner : MR. S K GHOSH, MS F AHMED Advocate for the Respondent : GA, ASSAM, MR S DUTTA (R 2- 3),MR. S DUTTA (R 2- 3),MR S AFRIDI (R-4),MR. S. SUR (R-4),J DAS (R-4),MR S ISLAM (R-4),MR. M U MAHMUD (R-4),SC, S.M.B. Page No.# 2/8 BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER Date : 27.08.2025 Heard Mr. S. K. Ghosh, learned counsel for the petitioner. Also heard Mr. M. Chetia, learned Government Advocate, appearing for the respondent no.1 and Mr. S. Dutta, learned Senior Counsel, assisted by Ms. K. Bora, learned counsel, representing the respondent nos.2 & 3, as well as Mr. M. U. Mahmud, learned counsel, appears for the respondent no.4. 2. The petitioner in the present proceedings, has sought for a direction upon the respondent authorities for carrying of a re- assessment of a newly constructed building, on the ground that the same was so constructed basing on the permission granted for the same by the Silchar Municipal Corporation. The petitioner has further prayed for a direction upon the respondent no.2, i.e. the Silchar Municipal Board, to split up the holding no. 571 of Ward No.25, by issuing a new holding number over the newly constructed building. The petitioner has in this connection also presented a challenge to an order dated 04.03.2023, wherein, the prayer of the petitioner for splitting of the holding number came to be rejected. 3. As projected in the writ petition, the respondent no.4, herein, had instituted a Title Suit being Title Suit No.39/2013, before the Court of the learned Munsiff, Cachar at Silchar, against the petitioner for declaration of right, title and possession of an undivided 1/4th Page No.# 3/8 share of land of Dag No.3271 of R.S. Patta No.411, situated at Pargana-Barakpar, Mouza-Silchar. The further challenge in the said suit is to a Gift Deed Nos.778 and 1513, dated 24.07.2002 and 26.04.2025 respectively. The petitioner has further projected that the Trial Court had rejected the prayer for injunction as made by the respondent no.4 vide order dated 22.08.2013. The appeal as filed against the said order also having been rejected, a Civil Revision Petition being CRP. No.302/2014, came to be instituted before this Court. This Court vide order dated 09.02.2015, while being pleased to dismiss the Revision Petition, had observed that if the defendants i.e. the petitioner herein, make any construction/alteration of the suit land, the same would be so made at its own risk and cost. 4. Thereafter, the petitioner has sought for permission to construct the building over the plot of land, the same on being granted was challenged by the respondent no.4, herein, by way of instituting WP(C).No.8774/2018. This Court vide order dated 20.12.2018, passed in WP(C).No. 8774/2018, had stayed the said permission granted to the petitioner, herein. The petitioner, herein, thereafter filed an interlocutory application being I.A. (Civil).No.2061/2019, for vacation of the interim directions passed vide order dated 20.12.2018 in WP(C).No.8774/2018. This Court vide order dated 24.06.2019, proceeded to dispose of both the writ petition and the said Interlocutory Application by interfering with the communication dated 05.12.2018 with further observation requiring the petitioner, herein, to approach the learned Trial Court for expeditious disposal of the Civil Suit. Thereafter, it is projected that the petitioner on receipt of approval to the plan so submitted constructed a building over the disputed plot of land. On completion Page No.# 4/8 of the construction of the said building, the petitioner submitted an application for re-assessment and also for splitting of the holding number of the building, in question. The said application not being considered, the petitioner instituted Writ Petition being WP(C).No.5876/2021 before this Court. This Court upon noticing the issue arising in the proceeding was pleased vide order dated 31.08.2022, to dispose of the said writ petition, by requiring the Silchar Municipal Board Authorities to consider the application submitted by the petitioner, herein, and to dispose of the same by way of a reasoned order, after also taking into consideration all such objections that may be raised by the respondent no.4, herein. 5. In pursuance to the directions passed by this Court vide the said order dated 31.08.2022, the Executive Officer, Silchar Municipal Board, vide order dated 04.03.2023, proceeded to consider the application as submitted in the matter by the petitioner and on such consideration being made proceeded to reject the said prayer on the ground that a Civil Suit, by and between the parties was pending before the learned Munsiff No.2, Cachar, for final disposal and accordingly it was held that the holding in the name of the petitioner, herein, be kept reserved until disposal of the aforesaid Civil Suit pending before the Trial Court. 6. Being aggrieved the petitioner had instituted the present proceedings. 7. Mr. S. K. Ghosh, has reiterated the facts as noticed hereinabove and has submitted that there being already a direction from this Court passed vide order dated 09.02.2015, in CRP. No.302/2014, that the construction/alteration of the suit land Page No.# 5/8 including the construction therein, would be so made at his risk and cost and accordingly, he submits that the grant of the prayer made by the petitioner for a re-assessment of the building and also for splitting the holding number would in no way cause prejudice either to the authorities of the Silchar Municipal Board and/or to the respondent no.4, herein. Accordingly, he submits that this Court would be pleased to direct the respondent authorities to do the needful in the matter and also has submitted that the order dated 04.03.2023, would mandate an interference from this Court. 8. Mr. M. U. Mahmud, learned counsel for the petitioner at the outset has submitted that the very construction done by the petitioner was subject to outcome of Title Suit No.39/2013, and accordingly the petitioner is further not entitled to have his name mutated against the said building and to be issued with a fresh holding number upon re-assessment of the building in question. 9. Mr. M. U. Mahmud, learned counsel for the petitioner, submits that any action in this connection would mandated to be so taken only after the Title Suit, being Title Suit No.39/2013, is finally disposed of by the learned Trial Court. 10. Mr. M. U. Mahmud, has further submitted that the very basis for the petitioner to claim title over the plot in land being under challenge in the proceedings of Title Suit No.39/2013, the petitioner would not be entitled to have the holding number issued in his name for the building so constructed by him before conclusion of the proceedings in the said Title Suit. In the above premises, Mr. M. U. Mahmud, submits that the present writ petition would mandate a dismiss. Page No.# 6/8 11. I have heard the learned counsel for the parties and have also perused the materials available on record. 12. It is seen, a dispute with regard to the right, title and interest over the plot of land covered by Dag No.3271 of R.S. Patta No.411, situated at Pargana-Barakpar, Mouza-Silchar, is pending consideration before the learned Trial Court in the proceedings of Title Suit No.39/2013, instituted by the respondent no.4, herein. The prayer for injunction as made in the said Title Suit having been rejected, the matter had reached this Court by way of institution of a Civil Revision Petition being CRP. No.302/2014, by the respondent no.4, herein. This Court vide order dated 09.02.2015, while dismissing the said Revision Petition had made the following observations. “As the dispute relates to family property and one brother challenges the Gift Deeds given to the defendant by his own father. I feel that the learned Court rightly refused injunction for the reasons recorded in the impugned orders. Therefore this Revision petition is not being entertained However it is made clear that if the defendants make any construction/alteration of the suit land that should at his risk and cost Moreover the findings recorded in the injunction proceedings should be considered as preliminary, which is subject to final decision of the case With this observation, the Revision petition is disposed of, leaving the Trial Court to adjudicate the suit on merit.” 13. A perusal of the said observation would bring to the forefront that this Court provided that, if the petitioner, herein, continue with the construction/alteration of the suit land, the same would be at his risk and cost. The said order continues to hold the field till date. 14. In the above view of the matter, the petitioner having constructed the building in question, no vested right accrued to him Page No.# 7/8 in this connection, inasmuch as, the very construction so made is subject to the directions that would be passed by the learned Trial Court in Title Suit No.39/2013. Accordingly, the grant of the prayer of the petitioner for re-assessment of the newly constructed building and for issuance of holding number in the manner as prayed for would also not in any manner cause prejudice the interest of the respondent no.4 and/or of the Silchar Municipal Authority. 15. Further, in view of the facts as noticed hereinabove, the re- assessment of the building being carried out fresh holding number being allotted to the petitioner, no right would accrue in this connection to the petitioner inasmuch as the same would also be subject to the outcome of the pending Title Suit between the parties i.e. Title Suit No. 39/2013. 16. Accordingly, in view of the above discussion, this Court is of the considered view that the order dated 04.03.2023, passed by the Executive Officer, Silchar Municipal Board, having been so passed without appreciating the observations made by this Court vide order dated 09.02.2015, in CRP No.302/2014, would mandate an interference and accordingly, the same is set aside. 17. The respondents nos.2 & 3 are now directed to reconsider the application dated 09.04.2021, submitted by the petitioner for splitting of the holding number as well as for re-assessment of the building, and to pass a reasoned order passed, thereon, in light of the observations made hereinabove, in the present order. 18. It is provided that in the event, the petitioners prayers are so allowed by the Silchar Municipal Board, the same would not result in any right accruing to the petitioners, inasmuch as, the very Page No.# 8/8 construction of the building and his claim for title over the said plot wherein, such building has been constructed is already made subject to the outcome of the proceedings in Title Suit No.39/2013. 19. Accordingly, the respondent nos.2 & 3, are directed to reconsider the said application of the petitioner and to pass a fresh order thereon, within a period of 1(one) month from the date of receipt of a certified copy of this order. 20. With the above observations and directions, the present Writ Petition stands disposed of. JUDGE Comparing Assistant