Page No.# 1/19 GAHC010268092022 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/8454/2022 SATYABRATA DEY AND 37 ORS S/O SATYANDRA KR. DEY, R/O WARD NO. 4, LANKA TOWN, DIST-HOJAI, ASSAM, PIN-782446 2: BHOBESH ROY S/O JAWAHARLAL ROY R/O WARD NO. 5 LANKA TOWN DIST-HOJAI ASSAM PIN-782446 3: MANAB DAS S/O BRAJESHWAR DAS R/O WARD NO. 5 LANKA TOWN DIST-HOJAI ASSAM PIN-782446 4: RANJIT DEBNATH S/O KALIMOHAN DEB NATH R/O VILL-PASCHIM BHALUKMARI LANKA DIST-HOJAI ASSAM PIN-782446 5: LITON MITRA S/O LAL MOHAN MITRA R/O WARD NO. 2 LANKA TOWN DIST-HOJAI ASSAM Page No.# 2/19 PIN-782446 6: DIPA DEBNATH D/O RAKHAL KRISHNA DEBNATH R/O WARD NO. 9 LANKA TOWN DIST-HOJAI ASSAM PIN-782446 7: ANITA PAUL D/O RANJIT PAUL R/O WARD NO. 2 LANKA TOWN DIST-HOJAI ASSAM PIN-782446 8: NIRMAL DEB S/O NRIPENDRA DEB R/O WARD NO. 9 LANKA TOWN DIST-HOJAI ASSAM PIN-782446 9: RAJESH DEBNATH S/O LT. CHINTAHARAN DEBNATH R/O WARD NO. 2 LANKA TOWN DIST-HOJAI ASSAM PIN-782446 10: DIPAK PAUL S/O JIBAN KRISHNA PAUL R/O WARD NO. 11 LANKA TOWN DIST-HOJAI ASSAM PIN-782446 11: GOURI DEBNATH D/O SWAPAN DEBNATH R/O WARD NO. 2 LANKA TOWN DIST-HOJAI ASSAM Page No.# 3/19 PIN-782446 12: KALIPAD CHAKRABORTY S/O LT. ANANTA CHAKRABORTY R/O WARD NO. 1 LANKA TOWN DIST-HOJAI ASSAM PIN-782446 13: JHUMA PAUL W/O SBARUP PAUL R/O WARD NO. 9 LANKA TOWN DIST-HOJAI ASSAM PIN-782446 14: BIJOY GHOSH S/O NIRANJAN GHOSH R/O VILL- JORONI GAON P.O.-FULTOLI BAZAR LANKA DIST-HOJAI ASSAM PIN-782446 15: BEENA DAS D/O PRIYOLAL DAS R/O WARD NO. 6 LANKA TOWN DIST-HOJAI ASSAM PIN-782446 16: SUBRATA DAS S/O LT. SUBASH DAS R/O WARD NO. 6 LANKA TOWN DIST-HOJAI ASSAM PIN-782446 17: SOUMIK DAS S/O SUKANTA DAS R/O WARD NO. 6 LANKA TOWN DIST-HOJAI Page No.# 4/19 ASSAM PIN-782446 18: SATYA SEBAK PAUL S/O LT. KAYLASH CHANDRA PAUL R/O WARD NO. 2 LANKA TOWN DIST-HOJAI ASSAM PIN-782446 19: BISWAJIT PAUL S/O BHUPENDRA KR. PAUL R/O WARD NO. 2 LANKA TOWN DIST-HOJAI ASSAM PIN-782446 20: HIRALAL SHILL S/O NIMAI CHANDRA SHIL R/O WARD NO. 7 LANKA TOWN DIST-HOJAI ASSAM PIN-782446 21: TITAN MAZUMDER S/O SHITAL MAZUMDER R/O WARD NO. 9 LANKA TOWN DIST-HOJAI ASSAM PIN-782446 22: BISHAL BANIK S/O RAKHAL BANIK R/O WARD NO. 2 LANKA TOWN DIST-HOJAI ASSAM PIN-782446 23: SANKAR SIL S/O AMRIT LAL SIL R/O WARD NO. 7 LANKA TOWN DIST-HOJAI Page No.# 5/19 ASSAM PIN-782446 24: PRASENJIT SHILL S/O ARJUN SHILL R/O WARD NO. 7 LANKA TOWN DIST-HOJAI ASSAM PIN-782446 25: GURDEEP SINGH S/O NAR SINGH R/O WARD NO. 4 LANKA TOWN DIST-HOJAI ASSAM PIN-782446 26: ALAK MAZUMDER S/O MANIK MAZUMDER R/O WARD NO. 10 LANKA TOWN DIST-HOJAI ASSAM PIN-782446 27: SAMIR CHAKRABORTY S/O MATILAL CHAKRABORTY R/O WARD NO. 2 LANKA TOWN DIST-HOJAI ASSAM PIN-782446 28: RINTU MAZUMDER S/O SAMIR KANTI MAZUMDER R/O WARD NO. 11 LANKA TOWN DIST-HOJAI ASSAM PIN-782446 29: PREMANU PAUL S/O RAMESH PAUL R/O WARD NO. 9 LANKA TOWN DIST-HOJAI Page No.# 6/19 ASSAM PIN-782446 30: SUMI BORA ROY W/O DEBRAJ ROY R/O WARD NO. 2 LANKA TOWN DIST-HOJAI ASSAM PIN-782446 31: MITHUN MAJUMDER S/O MANIK MAJUMDER R/O WARD NO. 1 LANKA TOWN DIST-HOJAI ASSAM PIN-782446 32: SNEHA DEB D/O BHAJAN DEB R/O WARD NO. 11 LANKA TOWN DIST-HOJAI ASSAM PIN-782446 33: NIHAR RANJAN DEB S/O NIRMAL DUTTA R/O WARD NO. 10 LANKA TOWN DIST-HOJAI ASSAM PIN-782446 34: MILU SHILL D/O JAGADISH SHILL R/O WARD NO. 7 LANKA TOWN DIST-HOJAI ASSAM PIN-782446 35: UDHAB SHILL S/O SUDHIR CHANDRA SHILL R/O WARD NO. 7 LANKA TOWN DIST-HOJAI Page No.# 7/19 ASSAM PIN-782446 36: RANJIT SHILL S/O MONOHARI SHILL R/O WARD NO. 7 LANKA TOWN DIST-HOJAI ASSAM PIN-782446 37: BHUPESH CHANDRA DHAR S/O LT. BHABA RANJAN DHAR R/O WARD NO. 6 LANKA TOWN DIST-HOJAI ASSAM PIN-782446 38: TUTUN KANTI BAKSI S/O BIMAL BAKSI R/O WARD NO. 9 LANKA TOWN DIST-HOJAI ASSAM PIN-78244 VERSUS THE STATE OF ASSAM AND 4 ORS TO BE REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM, DISPUR, GUWAHATI-781006 2:DEPUTY COMMISSIONER HOJAI SHANKARDEV NAGAR PIN-782442 3:ADDITIONAL DEPUTY COMMISSIONER HOJAI SHANKARDEV NAGAR ASSAM PIN-782442 4:LANKA MUNICIPAL BOARD LANKA ASSAM REPRESENTED BY CHAIRMAN Page No.# 8/19 LANKA MUNICIPAL BOARD P.O.-LANKA DIST- HOJAI ASSAM PIN-782446 5:EXECUTIVE OFFICER LANKA MUNICIPAL BOARD P.O.-LANKA DIST- HOJAI ASSAM PIN-78244 Advocate for the Petitioner : MR. N H MAZARBHUIYAN, MR R I BHUYAN,MS. L WAJEEDA,MR. M H SAIKIA Advocate for the Respondent : GA, ASSAM, MR D NATH (R-3 & 4) Linked Case : WP(C)/1064/2021 HARIPADA SAHA AND 6 ORS S/O LATE HARIPRASHANNA SAHA R/O LANKA TOWN WARD NO. 5 P.O. AND P.S. LANKA DIST. HOJAI ASSAM. 2: KALIPADA CHAKRABATI S/O LATE SRI ANANTA CHAKRABARTI R/O LANKA TOWN WARD NO. 1 P.O. AND P.S. LANKA DIST. HOJAI ASSAM. 3: UTTAM DEBNATH S/O SRI KHITISH DEBNATH R/O LANKA TOWN WARD NO. 9 P.O. AND P.S. LANKA DIST. HOJAI Page No.# 9/19 ASSAM. 4: LITAN MITRA S/O SRI LALMOHAN MITRA R/O LANKA TOWN WARD NO. 2 P.S. AND P.O. LANKA DIST. HOJAI ASSAM. 5: RANJIT DEBNATH S/O LATE KALIMOHAN DEBNATH R/O LANKA TOWN WARD NO. 11 P.O. AND P.S LANKA DIST. HOJAI ASSAM. 6: JOYDEV CH. GHOSH S/O LATE JOGENDRA GHOSH R/O LANKA TOWN NETAJI ROAD P.O. AND P.S. LANKA DIST. HOJAI ASSAM. 7: RASARAJ DAS S/O SRI ARJUN DAS R/O LANKA TOWN P.O. AND P.S. LANKA DIST. HOJAI ASSAM. VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE SECY. TO THE GOVT. OF ASSAM URBAN DEVELOPMENT DEPTT. DISPUR GUWAHATI 6 2:THE DEPUTY COMMISSIONER HOJAI SANKARDEV NAGAR DIST. HOJAI Page No.# 10/19 ASSAM PIN 782442 3:THE LANKA MUNICIPAL BOARD LANKA REPRESENTED BY ITS CHAIRMAN P.O. AND P.S. LANKA DIST. HOJAI ASSAM PIN 782446 4:THE CHAIRMAN LANKA MUNICIPAL BOARD LANKA P.O. AND P.S. LANKA DIST. HOJAI ASSAM PIN 782446 5:THE EXECUTIVE OFFICER LANKA MUNICIPAL BOARD LANKA P.O. AND P.S. LANKA DIST. HOJAI ASSAM PIN 782446 ------------ Advocate for : MR B CHANDA Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 4 ORS Linked Case : WP(C)/1470/2023 ASHUTOSH BHOWMICK AND 29 ORS S/O HARIBANDHU BHOWMICK R/O VILL-DABLONG LANKA DIST-HOJAI ASSAM PIN-782446 2: JOYDEV CHANDRA GHOSH S/O JOGENDRA CHANDRA GHOSH Page No.# 11/19 R/O WARD NO. 1 LANKA DIST-HOJAI ASSAM PIN-782446 3: NANI GOPAL BHOWMICK S/O LAL MOHAN BHOWMICK R/O VILL-KARIKHANA LANKA DIST-HOJAI ASSAM PIN-782446 4: MANIK DEBNATH S/O LT. MONTU DEBNATH R/O WARD NO. 2 LANKA TOWN DIST-HOJAI ASSAM PIN-782446 5: LAKHI NARAYAN BHOWMOCK S/O KRISHNA LAL BHOWMICK R/O SIMLAI PATHAR LANKA DIST-HOJAI ASSAM PIN-782446 6: RASARAJ DAS S/O ARJUN DAS R/O LANKA TOWN DIST-HOJAI ASSAM PIN-782446 7: HARI PADA SAHA S/O LT. HARA PRASANNA SAHA R/O LANKA TOWN DIST-HOJAI ASSAM PIN-782446 8: BAPPAN DUTTA S/O SUNIL DUTTA R/O LANKA TOWN DIST-HOJAI Page No.# 12/19 ASSAM PIN-782446 9: NIRANJAN PAUL S/O N. PAUL R/O LANKA TOWN DIST-HOJAI ASSAM PIN-782446 10: PORITOSH GHOSH S/O LT. PRANESH GHOSH R/O LANKA TOWN DIST-HOJAI ASSAM PIN-782446 11: PAWAN KUMAR AGARWAL S/O HULACH CHANDRA AGARWAL R/O LANKA TOWN DIST-HOJAI ASSAM PIN-782446 12: VIVEK AGARWAL S/O CHAMPA LAL AGARWAL R/O LANKA TOWN DIST-HOJAI ASSAM PIN-782446 13: GAURAV AGARWAL S/O PAWAN KUMAR AGARWAL R/O LANKA TOWN DIST-HOJAI ASSAM PIN-782446 14: KIRAN AGARWAL D/O PAWAN KUMAR AGARWAL R/O LANKA TOWN DIST-HOJAI ASSAM PIN-782446 15: RUPA GHOSH W/O JOYDEV GHOSH R/O LANKA TOWN Page No.# 13/19 DIST-HOJAI ASSAM PIN-782446 16: BANITA PAUL W/O NEPAL CHANDRA PAUL R/O LANKA TOWN DIST-HOJAI ASSAM PIN-782446 17: MANORANJAN DAS S/O JIBON KRISHNA DAS R/O WARD NO. 6 LANKA TOWN DIST-HOJAI ASSAM PIN-782446 18: KAMALA MAZUMDER W/O MARAN MAZUMDER R/O LANKA TOWN DIST-HOJAI ASSAM PIN-782446 19: RUMA MAZUMDAR W/O SUSHANTA MAZUMDAR R/O LANKA TOWN DIST-HOJAI ASSAM PIN-782446 20: MOMI PAUL W/O RANJAN PAUL R/O LANKA TOWN DIST-HOJAI ASSAM PIN-782446 21: ROHIT PAUL S/O HARI PADA PAUL R/O LANKA TOWN DIST-HOJAI ASSAM PIN-782446 22: RAKESH AGARWAL Page No.# 14/19 S/O OM PRAKASH AGARWAL R/O LANKA TOWN DIST-HOJAI ASSAM PIN-782446 23: MONJU DEVI AGARWAL W/O OM PRAKASH AGARWAL R/O LANKA TOWN DIST-HOJAI ASSAM PIN-782446 24: SONU AGARWAL W/O RAKESH KUMAR AGARWAL R/O LANKA TOWN DIST-HOJAI ASSAM PIN-782446 25: APU BAKSHI S/O TAPAN BAKSHI R/O LANKA TOWN DIST-HOJAI ASSAM PIN-782446 26: BISWAJIT PAUL S/O MANORANJAN PAUL R/O LANKA TOWN DIST-HOJAI ASSAM PIN-782446 27: BABUL SAHA S/O MILON CHANDRA SAHA R/O LANKA TOWN DIST-HOJAI ASSAM PIN-782446 28: BIKI DAS S/O BAPPI DAS R/O LANKA TOWN DIST-HOJAI ASSAM PIN-782446 Page No.# 15/19 29: ANJALI DAS D/O BAPPI DAS R/O LANKA TOWN DIST-HOJAI ASSAM PIN-782446 30: NIRASHA DAS W/O MANORANJAN DAS R/O LANKA TOWN DIST-HOJAI ASSAM PIN-782446 VERSUS THE STATE OF ASSAM AND 4 ORS TO BE REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM DISPUR GUWAHATI-781006 2:DEPUTY COMMISSIONER HOJAI SHANKARDEV NAGAR PIN-782442 3:ADDITIONAL DEPUTY COMMISSIONER HOJAI SHANKARDEV NAGAR ASSAM PIN-782442 4:LANKA MUNICIPAL BOARD LANKA ASSAM REPRESENTED BY CHAIRMAN LANKA MUNICIPAL BOARD P.O.-LANKA DIST-HOJAI ASSAM PIN-782446 5:EXECUTIVE OFFICER LANKA MUNICIPAL BOARD P.O.-LANKA DIST-HOJAI ASSAM PIN-782446 ------------ Page No.# 16/19 Advocate for : MR. N H MAZARBHUIYAN Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 4 ORS BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI ORDER 16-12-2025 The subject matters in these writ petitions being connected where pleadings have also been exchanged and considering that the same are pending since a long period of time, those are taken up for an analogous hearing and are disposed of by this common judgment and order. 2. As per the facts projected, the petitioners were selected for allotment of vita by the Lanka Municipal Board. It is the case of the petitioners that pursuant to such selection, they had to deposit an amount of Rs.50,000/-(Rupees Fifty Thousand) only as security and thereafter patta was also issued in their favour. The same was followed by a direction to make the construction of the shops on their own cost and also to deposit tax which was accordingly done. It however appears that by a communication dated 21.07.2020 issued by the Addl. District Magistrate, Hojai an enquiry was directed against the earlier Chairman of the Committee and as a consequence thereof, instructions were given to stop any other construction and allotment works. It also transpires that on 08.01.2020, a complaint was lodged against the Chairman and the Executive Member of the Lanka Municipal Board to the Director of Municipal Administration and after a long period of time, vide a notification dated 14.11.2025, an Enquiry Committee has been constituted to enquire into the allegations. Page No.# 17/19 3. I have heard Shri M. H. Saikia, learned counsel for the petitioners in WP(C)/8454/2022 and WP(C)/1470/2023 respectively and Shri B. Chanda, learned counsel for the petitioners in WP(C)/1064/2021. I have also heard Shri D. Nath, learned Senior Government Advocate for the respondents. 4. The learned counsel for the petitioners have submitted that there is no allegation of any nature so far as the allotment of the vitas to the petitioners are concerned and by the subsequent conduct of the respondent authorities, the petitioners have invested substantial amounts towards construction of the establishment apart from making security deposit of Rs.50,000/- and also the tax. It is also submitted that the enquiry are on aspects which are not at all connected with the allotment of the vitas and therefore the petitioners cannot be permitted to suffer on account of the delay of completion of the enquiry which are on different aspects. They have also highlighted the aspect of inordinate delay in making the enquiry on an allegation which was made in the year 2020 and only recently vide an order dated 14.11.2025, an enquiry committee appears to have been constituted which is revealed from the affidavit-in-opposition filed by the respondent no. 2 on 14.12.2025. The learned counsel accordingly submit that appropriate orders be passed for allowing the petitioners to complete the construction and to initiate their respective business. 5. Shri Nath, the learned Senior Govt. Advocate, Assam has fairly submitted that though an enquiry was contemplated on the basis of an allegation received against the Chairman and the Executive Member of the Lanka Municipal Board, due to transfer of the respective officers, such enquiry could not be conducted and completed and accordingly, vide a recent notification dated 14.11.2025 a fresh enquiry committee has been constituted. He has however highlighted the Page No.# 18/19 aspect of the seriousness of the allegation which pertains to misappropriation of government fund allotted for construction of the Piyoli Phukan Market by use of low quality materials. He has also submitted that vide a notice dated 24.07.2020, the constructions were stopped and he has submitted that some time may be granted for completion of the enquiry by the newly constituted enquiry committee vide notification dated 14.11.2025. 6. The rival submissions have been duly considered and the materials placed before this Court have been duly examined. 7. It is not in dispute regarding the selection of the petitioner for allotment of vitas pursuant to which, they had also deposited security of Rs.50,000/- each followed by issuance by patta in their names. It is also not in dispute that the construction of the respective establishment was to be done on their own cost and the petitioners had also deposited certain tax to the concerned Municipal Board. 8. The dispute has started with a complaint dated 08.01.2020 to the Directorate which is primarily against the Chairman and the Executive Member of the Lanka Municipal Board. A perusal of the communication dated 21.07.2020 issued by the Addl. District Magistrate, Hojai to the Executive Officer of the Municipal Board would show that the allegation was made against the earlier Chairman of the Lanka Municipal Board and other Members for misappropriation of Government fund allotted for construction of the Piyoli Phukan Market by use of low quality materials during construction and irregularities were also committed during allotment of works. Accordingly, instruction was given for stop construction. Page No.# 19/19 9. On a reading of the aforesaid communication and the other materials, it does not per se appears that the aspect of allotment of the vitas and the consequential steps taken by the petitioners are in any manner connected with the proposed enquiry or even the allegations. Further, from the materials available on record, the aspect of stopping the construction so far as the vitas allotted to the petitioners are concerned does not appear to be connected with the allegations. In that view of the matter, this Court is of the opinion that there should not be any restraint for the petitioners to complete their construction and start their business in accordance with law. 10. Accordingly, it is directed that in terms of the allotment of the vitas to the petitioners, they would be permitted to complete their construction of the respective units and start their business in accordance with law. 11. The said aspect would however be subject to the outcome of the enquiry which has been initiated as per the notification dated 14.11.2025. It is however made clear that if any adverse materials are found against the petitioners and any further action is contemplated, the petitioners are required to be given appropriate notice and opportunity. 12. Writ petitions accordingly stand disposed of. JUDGE Comparing Assistant