Page No.# 1/5 GAHC010258192022 2025:GAU-AS:16483 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/8258/2022 HAFIZ SIDDIQUE AHMED AND ANR S/O- LT. HAJI HASIB ALI, VILL- NO SAMBARIA, P.O. AND P.S. LANKHA, HOJAI 2: ABDUL SUBAN S/O- LT. LUKMAN ALI VILL- NO-2 PANCHALI P.O. LANKHA P.S. LANKA DIST.- HOJAI ASSA VERSUS THE STATE OF ASSAM AND 4 ORS REP. BY THE COMM. AND SECY., TO THE GOVT. OF ASSAM, URBAN DEVELOPMENT DEPTT., DISPUR, GHY, ASSAM, PIN- 781006 2:THE DIRECTOR OF MUNICIPAL ADMINISTRATION ASSAM SECRETARIAT COMPLEX DISPUR GHY-06 3:THE DY. COMMISSIONER HOJAI SANKARDEV NAGAR DIST.- HOJAI ASSAM 4:THE LANKA MUNICIPAL BOARD REP. BY ITS EXECUTIVE OFFICER LANKA P.O. AND P.S. LANKHA DIST.- HOJAI Page No.# 2/5 ASSAM PIN- 782446 5:THE CHAIRMAN LANKA MUNICIPAL BOARD LANKA P.O. AND P.S. LANKA DIST.- HOJI ASSAM PIN- 78244 For the Petitioner(s) : Mr. K. A. Mazumder, Advocate For the Respondent(s) : Mr. D. Nath, Sr. GA, Assam BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 28.11.2025 Heard Mr. K. A. Mazumder, the learned counsel appearing on behalf of the Petitioners and Mr. D. Nath, the learned Senior Government Advocate appearing on behalf of the Lanka Municipal Board. 2. On 24.11.2025, a communication dated 21.11.2025 had been placed before this Court issued by the Executive Officer, Lanka Municipal Board, Lanka. The same had been kept on record and marked with the letter “Y”. 3. Taking into account the significance of the said communication, the contents of the said communication is reproduced herein under: “GOVT OF ASSAM OFFICE OF THE LANKA MUNICIPAL BOARD LANKA::HOJAI::ASSAM No.LMB-1/2025/ Date:- 21/11/2025 Page No.# 3/5 To, 1. HAFIZ SIDDIQUE AHMED, S/O-LT HAJI HASIB ALI, VILL- NO SAMBARIA, P.O. AND P.S. LANKA, DIST-HOJAI, ASSAM. 2. ABDUL SUBAN, S/O-LT. LUKMAN ALI, VILL- NO-2 PANCHALI, P.O. LANKA, P.S. LANKA, DIST – HOJAI, ASSAM Sub:- Allotment of Space at 1st floor of Business Centre, Lanka. With reference to the subject cited as above, you are hereby informed that 2 Nos. of Space i.e. Space at Sl. No.50 & Space adjacent to Sl No.-50 has been allotted at 1st Floor of Business Centre, Lanka in favor of you. In this regard, you are instructed to deposit the SD Money bearing an amount of Rs.50,000.00 (Rupees Fifty thousand) only respectively at the office of the undersigned within 30th November, 2025. Sd/- Executive Officer, Lanka Municipal Board, Lanka Date:- 21.11.2025” 4. From the contents of the said communication as quoted hereinabove, it is seen that one Petitioner has been allotted the space at Serial No.50 and the other Petitioner has also been allotted a space adjacent to Serial No.50 in the 1st floor of the Business Centre, Lanka. The said communication which had been placed before this Court shall be construed to be an undertaking given by the Executive Officer, Lanka Municipal Board, Lanka that both the Petitioners have been allotted two spaces one at Serial No.50 and the other adjacent to Serial No.50 in the 1st floor of the Business Centre, Lanka subject to deposit of the Security Money. 5. This Court vide an order dated 24.11.2025 gave liberty to Mr. K. A. Page No.# 4/5 Mazumder, the learned counsel to obtain instructions pertaining to the communication dated 21.11.2025 the contents of which have been quoted hereinabove. 6. Mr. K. A. Mazumder, the learned counsel appearing on behalf of the Petitioners submitted that though in the communication dated 21.11.2025, there is a reference to the serial number of one space allotted to one of the Petitioners, there is no serial number mentioned as regards the adjacent space. 7. Mr. D. Nath, the learned Senior Government Advocate appearing on behalf of the Lanka Municipal Board submitted that the second space to be allotted would be adjacent to the space at Serial No.50. 8. Mr. K. A. Mazumder, the learned counsel also submitted that the Petitioners would be in a position to deposit the Security Money within 31.12.2025. 9. Taking into account the above, it is the opinion of this Court that as the instant writ petition has been taken up from time to time by this Court, the Petitioners can be permitted to deposit the Security Deposit Money on or before 31.12.2025. 10. Accordingly, the instant writ petition stands disposed of with the following observations and directions: (i) The Lanka Municipal Board including the Executive Officer shall be bound by the instructions dated 21.11.2025 subject to the Petitioners depositing the Security Deposit Money on or before 31.12.2025. (ii) The Executive Officer, Lanka Municipal Board, Lanka is further directed to allocate the spaces to the Petitioners upon deposit of the Page No.# 5/5 Security Money within the time so permitted hereinabove. JUDGE Comparing Assistant