Page No.# 1/12 GAHC010147402026 2026:GAU-AS:10098 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3532/2026 DILIP KUMAR DAS AND 19 ORS S/O LATE PADMA KANTA DAS R/O WARD NO 4 P.O AND P.S MANGALDAI DISTRICT DARRANG ASSAM 784125 2: HIRANYA SARMAH S/O LATE BENUDHAR SARMAH BAMUNPARA 1 P O AND P S MANGALDAI DISTRICT DARRANG ASSAM 784125 3: SILA BARUAH C/O BHAIRAB PRASAD BARUAHA SANTIPUR WARD NO. 4 P.O. AND P.S. MANGALDAI DISTRICT- DARRANG ASSAM- 784125 4: MADHAB MAHATO S/O SRI GANESH MAHATO WARD NO 5 P.O. AND P.S. MANGALDAI DISTRICT- DARRANG ASSSAM- 784125 5: SARIFUDDIN ALI S/O LATE KHABIR ALI VILL- KALIAPARA P.O. AULACHOWKA P.S. MANGALDAI DISTRICT- DARRANG ASSAM- 784529 Page No.# 2/12 6: HIMANGSHU KR SARMAH S/O AMRIT CH SARMAH WARD NO 9 P.O. AND P.S. MANGALDAI DISTRICT- DARRANG ASSAM- 784125 7: KANDARPA SAHARIA S/O SRI JAGABANDHU SAHARIA R/O NO.1 BEZPARA P.O. AND P.S. MANGALDAI DISTRICT- DARRANG ASSAM- 784125 8: MRINALI DAS D/O LATE DIRESWAR DEKA WARD NO. 4 P.O. AND P.S. MANGALDAI DISTRICT- DARRANG ASSAM- 784125 9: SARAT DAS S/O LATE MAHESH DAS WARD NO 10 P.O. AND P.S. MANGALDAI DISTRICT- DARRANG ASSAM- 784125 10: ENAYAT HUSSAIN S/O LATE KUDRAT ALI WARD NO. 8 P.O. AND P.S. MANGALDAI DISTRICT- DARRANG ASSAM- 784125 11: NABA KUMAR DEKA S/O LATE NAGEN DEKA BARTHEKERABARI P.O. RANGAMATI P.S. MANGALDAI DISTRICT- DARRANG ASSAM 12: JYOTSHNA NATH BORA W/O LATE PUTUL CH BORA WARD NO 9 P.O. AND P.S. MANGALDAI DISTRICT- DARRANG Page No.# 3/12 ASSAM- 784125 13: SAFIUR RAHMAN S/O LATE SAHABUDDIN AHMED VILL- RAMRAIPARA (NEAR RAINAKUCHI) P.O. PATHARIGHAT P.S. SIPAJHAR DIST- DARRANG ASSAM 14: BHUPEN SAIKIA S/O LATE TAPESWAR SAIKIA VILL- MANAGALDAIGAON P.O. AND P.S. MANGALDAI DISTRICT- DARRANG ASSAM- 784125 15: SUMEN DAS S/O LATE SACHI BHUSEN DAS WARD NO 5 P.O. AND P.S. MANGALDAI DISTRICT- DARRANG ASSAM- 784125 16: LABANYA DEKA W/O HEMKANTA DEKA MEDHIPARA P.O. AND P.S. MANGALDAI DISTRICT- DARRANG ASSAM- 784125 17: TAPAN KUMAR NAG S/O PATIT PABAN NAG WARD NO 5 P.O. AND P.S. MANGALDAI DISTRICT- DARRANG ASSAM- 784125 18: GOPAL DAS S/O LATE JAGDIP DAS PRAFULLA NAGAR P.O. AND P.S. MANGALDAI DISTRICT- DARRANG ASSAM- 784125 19: MINARAM SAIKIA S/O LALIT SAIKIA PRAFULLA NAGAR Page No.# 4/12 P.O. AND P.S. MANGALDAI DISTRICT- DARRANG ASSAM- 784125 20: SAMBHU MAHATO WARD NO 5 P.O. AND P.S. MANGALDAI DISTRICT- DARRANG ASSAM- 784125 VERSUS THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY DEPARTMENT OF HOUSING AND URBAN AFFAIRS DISPUR GUWAHATI 781006 2:THE DIRECTOR MUNICIPAL ADMINISTRATION ASSAM DISPUR GUWAHATI 781006 3:THE MANGALDAI MUNICIPAL BOARD REPRESENTED BY ITS EXECUTIVE OFFICER MANGALDAI DISTRICT- DARRANG ASSAM 4:THE CHAIRMAN MANGALDAI MUNICIPAL BOARD MANGALDAI DISTRICT- DARRANG ASSAM ------------ BEFORE HON’BLE MR. JUSTICE DEVASHIS BARUAH For the Petitioner(s) : Mr. R. Sarma, Advocate For the Respondent(s) : Mr. T. J. Mahanta, Sr. Advocate : Ms. P. Bhattacharyya, Advocate : Mr. N. Das, Government Advocate Page No.# 5/12 · Date on which Judgment was reserved : N/A · Date of Pronouncement of Judgment : 22.07.2026 · Whether the pronouncement is of the Operative Part of the Judgment : Yes · Whether the full Judgment has been Pronounced : N/A JUDGMENT AND ORDER (ORAL) Heard Mr. R. Sarma, the learned counsel appearing on behalf of the Petitioners and Mr. N. Das, the learned Government Advocate appearing on behalf of the Respondent Nos. 1 and 2. I have also heard Mr. T. J. Mahanta, the learned Senior counsel assisted by Ms. P. Bhattacharyya, the learned counsel appearing on behalf of the Respondent Nos. 3 and 4. 2. Twenty (20) writ petitioners who were earlier allotted shops to carry out their trade and business in the Chilarai Market Complex under the aegis of the Mangaldai Municipal Board have approached this Court being aggrieved by the non-consideration of their representations by the Executive Officer of the Mangaldai Municipal Board as well as by the District Commissioner, Darrang. 3. The brief facts which led to the filing of the present writ petition are that the Petitioners herein were allotted several shop rooms situated at Chilarai Market under Mangaldai Municipal Page No.# 6/12 Board. The Petitioners have also been issued the license for trade under Sections 228, 229, 230 of the Assam Municipal Act, 1956. 4. It is the further case of the Petitioners that for the last 25-30 years, they have been carrying on their trade from their respective allotted spaces. The grievance of the Petitioners herein is that the Mangaldai Municipal Board is proposing to demolish the Chilarai Market and to set up a new Chilarai Market Complex without giving any commitment to the Petitioners that they would be re-allotted spaces in the newly constructed complex and further without taking into consideration that if the Petitioners are ousted from the present place of business, they would have no other place to carry out their business. In that regard, 2 (two) representations were submitted to the District Commissioner, Darrang as well as the Executive Officer of the Mangaldai Municipal Board on 22.06.2026 and 23.06.2026 respectively and the said representations having not been considered and a notice having been hanged in the whereabouts of the premises of the Petitioners that the Petitioners would be evicted, the Petitioners have approached this Court by filing the present writ petition. 5. The records reveals that vide an order dated 26.06.2026, the learned Coordinate Bench of this Court while issuing notice passed Page No.# 7/12 certain interim directions to the effect that there shall be no coercive action to vacate the shop rooms under the occupation of the Petitioners in terms with the impugned notice dated 20.06.2026 by the Mangaldai Municipal Board till the returnable date. 6. The records reveals that pursuant to the notice being issued, the Respondent Nos. 3 and 4 have appeared before this Court and have filed an Interlocutory Application which was registered and numbered as I.A.(Civil) No. 2357/2026 through Chairman of the Mangaldai Municipal Board seeking vacation and modification of the order dated 26.06.2026. 7. Mr. T. J. Mahanta, the learned Senior counsel appearing on behalf of the Respondent Nos. 3 and 4 submitted that the said application be treated as the affidavit-in-opposition of the Respondent Nos. 3 and 4. Mr. T. J. Mahanta, the learned Senior counsel further drawing the reference to the Resolution No.1 taken on 12.05.2026 submitted that the instant writ petition is not maintainable inasmuch as the Petitioners have not placed the relevant facts that there is already a Resolution taken that the persons who have been allotted spaces in the Chilarai Market would be re-allotted spaces upon construction of the Chilarai Page No.# 8/12 Market Complex. The learned Senior counsel further submitted that out of the twenty writ petitioners, three Petitioners were also present in the Meeting held on 16.06.2026 and as such, the said aspect ought to have been brought to the notice of this Court. Further to that, the learned Senior counsel drew the attention of this Court to Paragraph No.13 of the said Interlocutory Application wherein on oath, the Chairman of Mangaldai Municipal Board had categorically stated that during the pendency of the constructions, the Petitioners who have been allotted spaces in the existing Chilarai Market would be afforded alternative locations. 8. Having heard the learned counsels for the parties and also taking into account the representations which have been submitted on 22.06.2026 and 23.06.2026 to the District Commissioner, Darrang and the Executive Officer of the Mangaldai Municipal Board respectively and the case which have been projected by the Petitioners in the present writ petition, it is the opinion of this Court that the grievances of the Petitioners have been duly taken note of in the Resolution No.1 which was adopted in the Meeting held on 12.05.2026 which was subsequently discussed and affirmed in the subsequent Meeting which was held on 16.06.2026. 9. Taking into account the relevance of the Resolution No.1, the Page No.# 9/12 translated version which have been duly certified by the counsel representing on behalf of the Mangaldai Municipal Board is reproduced herein under: “Resolution No.-01: Today's meeting has elaborately discussed about construction of new market building of the Chilarai Market, Situated at Ward No.5 of the Mangaldoi Town. The meeting has given importance to the below mentioned problems keeping in mind the convenience of the businessmen and general public. The Chilarai Market was established in the year 1987. At that point of time the population of the Mangaldai Town was small. Now the Chilarai Market has been causing threat to the historical pond Borpukhuri by many ways. 1. The meeting has resolved that some of the shopkeepers of the Chilarai Market has encroached the bank of the Borpukhuri even after occupying their allotted rooms and the meeting decided to make the bank of the Borpukhuri encroachment free. 2. Some of the shopkeepers of the Chilarai Market who are running tea stall, fast food stall, fruit stall, garage etc., have through the polluted water and garbage into the Borpukhuri and polluting the water of the Borphukhuri. Even at one point of time people use to drink water from the Borpukhuri. 3. Now Government of India has taken steps to ......... water of the pond and to Rejuvenation of the water of the ponds through different beneficial schemes. The Mangaldai Municipal Board has also taking importance of the matter planning to Rejuvenation the water of the Borpukhuri. 4. The shopkeepers of the Chilarai market has been running their shops in a Page No.# 10/12 dilapidated condition as the Chirai Market was established more than 40 years ago. Therefore it has been causing threat to the Mangaldai Town. There is apprehension of accidents like electric short circuit in future and to cause danger to the public. 5. As there is no planned drawing of the Chilarai Market as well as parking place in the Chilarai Market therefore it causes traffic jam in the Mangaldai Town and therefore the students, patients and general public facing difficulties. Therefore, the meeting has discussed thoroughly all these aspects and unanimously resolved to scientifically construct the Chilarai Market Complex Building in the same place from the amount received from the Government of India under the Untied Grant in the 15th Financial Plan 2025-2026. It is to be mentioned that the Board has decided that the businessmen who are running their business in the rooms in the Chilarai Market allotted by the Board earlier, they will be re allotted in the newly constructed Chilarai Market. Therefore, today's meeting has authorised the Chairman to make the same effective.” 10. From the above quoted Resolution, it is apparent that the Mangaldai Municipal Board have decided that the businessmen who were carrying on their business in the rooms in the Chilarai Market allotted by the Board earlier would be re-allotted in the newly constructed Chilarai Market Complex. Page No.# 11/12 11. This Court also takes note of the contents of the Interlocutory Application and more particularly to paragraph No.13 wherein it is stated on oath by the Chairman of the Mangaldai Municipal Board that during the construction period, the Mangaldai Municipal Board will arrange the alternative place for the businessmen who were allotted spaces earlier by the Mangaldai Municipal Board in the Chilarai Market Complex to run their respective shops. Paragraph No.13 of the Interlocutory Application being relevant is reproduced herein under: “13. That the applicant begs to state that the writ petitioners were aware about the construction of New Chilarai Market Complex Building in place of old Chilarai Market. In this regard several rounds of meeting were held between the writ petitioners and the Mangaldai Municipal Board. In fact before issuing the notice dated 20.06.2026, the Mangaldai Municipal Board verbally assured the all the shopkeepers that the Board will try to accommodate the lawful shopkeepers in the newly constructed building and during the construction period the Board will arrange the alternate place to run their respective shops. It is to be mentioned here that the Mangaldai Municipal Board informed all the shopkeepers of the Chilarai Market about the resolution No.1 dated 12.05.2026 of the Mangaldai Municipal Board. The Mangaldai Municipal Board before issuing the notice dated 20.06.2026 called a meeting in this regard with the shopkeepers and 3 numbers of writ petitioners (Petitioner No.15, 17 and 18) were present in the said meeting. As such the plea of the writ petitioners that no opportunity of hearing was afforded to the petitioners is not correct and there is no violation of principle of natural justice to the writ petitioners.” Page No.# 12/12 12. Taking into account the stand so taken by the Mangaldai Municipal Board in the Resolution No.1 as quoted hereinabove as well as in the Paragraph No.13 of the Interlocutory Application, it is the opinion of this Court that the Petitioners’ grievances have been duly taken care of. 13. Considering the above, this Court is therefore not inclined to further pursue with the instant writ petition for which the instant writ petition stands closed. 14. Interim order passed on 26.06.2026 stands vacated. 15. This Court before concluding finds it relevant to observe that the reference made to the Resolution No.1 and the statement made at paragraph No.13 of the Interlocutory Application which have been quoted hereinabove shall be construed that the Mangaldai Municipal Board had given an undertaking before this Court. JUDGE Comparing Assistant Bijoy Saha Digitally signed by Bijoy Saha Date: 2026.07.24 12:55:28 +05'30'