Page No.# 1/4 GAHC010032582024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1037/2024 KAJALGAON WEEKLY BAZAR COMMITTEE REP. BY ITS VICE PRESIDENT, HQ AND P.O- KAJALGAON, P.S- DHALIGAON, DIST- CHIRANG, BTR, ASSAM, PIN-783385, REGD. NO- RS/CRG/261/E/42 OF 2021-2022 VERSUS THE STATE OF ASSAM AND 7 ORS REP. BY THE SECRETARY, MUNICIPAL ADMINISTRATION DEPARTMENT, GOVT. OF ASSAM, ASSAM SECRETARIAT, DISPUR, GUWAHATI-06 2:THE PRINCIPAL SECRETARY B.T.C. BODOLAND SECRETARIAT BODOFA NWGWR KOKRAJHAR PIN-783370 3:THE SECRETARY URBAN DEVELOPMENT DEPARTMENT BODOLAND TERRITORIAL COUNCIL KOKRAJHAR B.T.C. PIN-783370 4:THE DIRECTOR DIRECTORATE OF MUNICIPAL ADMINISTRATION Page No.# 2/4 ASSAM DISPUR GUWAHATI-06 5:THE DEPUTY COMMISSIONER KAJALGAON DIST- CHIRANG B.T.C. ASSAM PIN-783386 6:THE KAJALGAON MUNICIPAL BOARD KAJALGAON DIST- CHIRANG B.T.C. ASSAM PIN-783386 REPRESENTED BY ITS CHAIRMAN 7:THE CHAIRMAN KAJALGAON MUNICIPAL BOARD KAJALGAON DIST-CHIRANG BTC ASSAM PIN-783386 8:UPENDRA MUSHAHARY CHAIRMAN KAJALGAON MUNICIPAL BOARD DIST-CHIRANG B.T.C. ASSAM PIN-783386 9:MR. AJAY MONDAL S/O-LATE BIPIN MONDAL R/O- VILLAGE MONGLAGAON PO-KAJALGAON DIST-CHIRANG BTC ASSA Advocate for the Petitioner : MR. A NARZARI, MR. S BASUMATARY,MS. S T BOKTH Advocate for the Respondent : SC, BTC, GA, ASSAM Page No.# 3/4 BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER Date : 28.04.2025 Heard Mr. A.Narzari, learned counsel for the petitioner;Mr. N. Das, learned Junior Government Advocate, Assam for the respondent nos.1, 4 & 5; and Mr. M.U. Mahmud, learned counsel for the respondent nos.6, 7& 8. 1. The petitioner, a society registered under the Societies Registration Act, 1860, has approached this Court by the instant writ petition claiming that it is the owner of a periodic patta land measuring 13 Bighas 3 Kathas 15 Lessas, covered by Dag no. 298 &Patta no. 253, situate at Village – Dangagon, Sidli Revenue Circle, District – Chirang [‘the subject-plot’, for short]. The subject-plot is situated within the areas of respondent Kajalgaon Municipal Board. The petitioner has stated that the respondent Kajalgaon Municipal Board had floated a Notice Inviting Tender to settle a market,Kajalgaon WeeklyChowk Bazar [for every Sunday] in or within the subject-plot. 2. Mr. Mahmud, learned counsel appearing for the respondent Kajalgaon Municipal Board has submitted that the respondent Kajalgaon Municipal Board has no intention to setup the market named Kajalgaon Weekly Chowk Bazar [for every Sunday] in or within the subject-land till the Revenue Appeal, which is filed by the respondent Kajalgaon Municipal Board before the Secretary, BTC, Kokrajhar is decided. 3. Mr.Narzari, learned counsel for the petitioner has submitted that the petitioner society is not aware as to whether it is a party in the Revenue Appeal filed by the respondent Kajalgaon Municipal Board as the society has not yet received any notice in the said Appeal. 4. In response,Mr. Mahmud, learned counsel appearing for the respondent Kajalgaon Page No.# 4/4 Municipal Board has submitted that the petitioner society is a respondent in the Revenue Appeal filed by the respondent Kajalgaon Municipal Board before the Secretary BTC, Kokrajhar and the petitioner society is yet to make appearance in the said Revenue Appeal. He has further submitted that he is not aware as to whether the notice has been served upon the petitioner society as on date or not. 5. As it is submitted on behalf of the respondent Kajalgaon Municipal Board that till the Revenue Appeal is decided, the respondent Kajalgaon Municipal Board is not going to locate the market named Kajalgaon Weekly Chowk Bazar [for every Sunday] in or within the subject-plot, claimed to have belonged to the petitioner society, the learned counsel for the parties have submitted that the subject-matter of the writ petition has apparently become infructuous, at this stage. 6. In view of the submissions made by the learned counsel for the parties, the writ petition is dismissed as infructuous, with the observation that in the event of any subsequent cause of action, the parties would be at liberty to take resort to appropriate remedy under the law. Interim order passed earlier stands accordingly recalled. JUDGE Comparing Assistant