Page No.# 1/2 GAHC010024462020 2025:GAU-AS:3210 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/798/2020 LAKHESWAR MAZUMDER S/O LT. KANTESWAR MAZUMDER, R/O VILL. ABHYAPURI TOWN W/NO. 3, CIRCLE SRIJANGRAM, P.O. AND P.S ABHYAPURI, DIST. BONGAIGAON, ASSAM VERSUS THE STATE OF ASSAM AND 3 ORS. REP. BY THE PRINCIPAL SECRETRY GOVT. OF ASSAM, URBAN DEVELOPMENT DEPTT. JANATA BHAWAN, DISPUR, GHY-6 2:THE DEPUTY COMMISSIONER BONGAIGAON P.O.AND P.S. ABHAYAPURI ASSAM PIN-783384 3:THE CHAIRMAN TOWN COMMITTEE ABHAYAPURI DIST. BONGAIGAON P.O. AND P.S. ABHAYAPURI ASSAM PIN-783384 4:PRAFULLA CHOUDHURY S/O PURNANADA CHOUDHURY R/O VILL. ABHAYAPURI TOWN WARD NO. 3 PACHDUAR CIRCLE-SRIJANGRAM BONGAIGAON ASSA Advocate for the Petitioner : MS. P CHAKRABORTY, MS. A DAS,MS. K KHAN Advocate for the Respondent : GA, ASSAM, MR. SHEELADITYA (R4) Page No.# 2/2 BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY ORDER 24.03.2025 None appears for the petitioner on call. It is the case of the respondent No. 4 that the allegation of illegal construction by the respondent No. 4 made in this writ petition is absolutely false inasmuch as the dispute between the parties is regarding right, title and interest and the petitioner filed a suit registered as Title Suit No. 37/2008 before the learned Munsiff, North Salmara, Abhayapuri, however, said suit was dismissed on 01.07.2015. It is also the case of the respondent No. 4 that though plaint was annexed in the suit, however, a wrong plaint has been annexed without disclosing the name of the respondent No. 4 who was infact a party in the suit and therefore, this is an absolute abuse of the process of this Court and should be dismissed in limine. As the learned counsel for the petitioner has not appeared, without going into the merit of the aforesaid contention, this writ petition stands dismissed for non prosecution. Interim order if any, stands vacated. JUDGE Comparing Assistant