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2026 DAILYLAW 1567 (GAU)

KARUN CHANDRA LAHKAR AND ORS v. THE STATE OF ASSAM AND ORS

I.A.(Civil)/3004/2025 · 2026-01-29

Kardak Ete

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Judgment text

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Page No.# 1/8 GAHC010165332025 2026:GAU-AS:1129 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3004/2025 KARUN CHANDRA LAHKAR AND ORS S/ OLATE ANANTA CHANDRA LAHKAR, R/O SARUPATHAR, P.O. AND P.S.- SARUPATHAR, DIST-GOLAGHAT, ASSAM, PIN-785601 2: BISWAJIT CHANDA R/O SARUPATHAR TOWN WARD NO. 2 P.O. AND P.S.-SARUPATHAR DIST-GOLAGHAT ASSAM PIN-785601 3: BIJU BHUSHAN DEB S/O LATE BIRESH CHANDRA DEB R/O SARUPATHAR TOWN WARD NO. 3 P.O. AND P.S.-SARUPATHAR DIST-GOLAGHAT ASSAM PIN-785601 4: BABUL DEY S/O LATE RANJIT DEY R/O SARUPATHAR TOWN WARD NO. 5 P.O. AND P.S.-SARUPATHAR DIST-GOLAGHAT ASSAM PIN-785601 5: SARUJ DAS S/O LATE SHISIR DAS R/O SARUPATHAR TOWN WARD NO. 4 Page No.# 2/8 P.O. AND P.S.-SARUPATHAR DIST-GOLAGHAT ASSAM PIN-785601 6: DILDAR HUSSAIN S/O LATE IDEU HUSSAIN R/O SARUPATHAR TOWN WARD NO. 4 P.O. AND P.S.-SARUPATHAR DIST-GOLAGHAT ASSAM PIN-785601 7: PARTHA PRATIM DAS S/O LATE PRANTUSH DAS R/O SARUPATHAR TOWN WARD NO. 7 P.O. AND P.S.-SARUPATHAR DIST-GOLAGHAT ASSAM PIN-78560 VERSUS THE STATE OF ASSAM AND ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, DEPARTMENT OF HOUSING AND URBAN AFFAIRS, GOVERNMENT OF ASSAM, ASSAM SECRETARIAT, DISPUR, GUWAHATI, ASSAM, PIN-781006 Advocate - GA, ASSAM, 2:THE DIRECTORATE OF MUNICIPAL ADMINISTRATION REPRESENTED BY ITS DIRECTOR DISPUR GUWAHATI ASSAM PIN-781006 3:THE DIRECTOR DIRECTORATE OF MUNICIPAL ADMINISTRATION DISPUR GUWAHATI ASSAM PIN-781006 4:SARUPATHAR MUNICIPAL BOARD REPRESENTED BY ITS CHAIRMAN Page No.# 3/8 SARUPATHAR GOLAGHAT ASSAM PIN-785601 5:THE CHAIRMAN SARUPATHAR MUNICIPAL BOARD SARUPATHAR GOLAGHAT ASSAM PIN-785601 6:THE VICE-CHAIRMAN SARUPATHAR MUNICIPAL BOARD SARUPATHAR GOLAGHAT ASSAM PIN-785601 7:THE SUB-DIVISIONAL OFFICER DHANSIRI SARUPATHAR GOLAGHAT ASSAM PIN-785601 8:THE ASSISTANT COMMISSIONER DHANSIRI SARUPATHAR GOLAGHAT ASSAM PIN-785601 9:THE ADDITIONAL DISTRICT COMMISSIONER DHANSIRI SARUPATHAR GOLAGHAT ASSAM PIN-78560 Advocate for the Petitioner : MR SAURADEEP DEY, Advocate for the Respondent : GA, ASSAM, MR. S S ROY Page No.# 4/8 Linked Case : WP(C)/7564/2023 KARUN CHANDRA LAHKAR AND 6 ORS S/ OLATE ANANTA CHANDRA LAHKAR R/O SARUPATHAR P.O. AND P.S.-SARUPATHAR DIST-GOLAGHAT ASSAM PIN-785601 2: BISWAJIT CHANDA R/O SARUPATHAR TOWN WARD NO. 2 P.O. AND P.S.-SARUPATHAR DIST-GOLAGHAT ASSAM PIN-785601 3: BIJU BHUSHAN DEB S/O LATE BIRESH CHANDRA DEB R/O SARUPATHAR TOWN WARD NO. 3 P.O. AND P.S.-SARUPATHAR DIST-GOLAGHAT ASSAM PIN-785601 4: BABUL DEY S/O LATE RANJIT DEY R/O SARUPATHAR TOWN WARD NO. 5 P.O. AND P.S.-SARUPATHAR DIST-GOLAGHAT ASSAM PIN-785601 5: SARUJ DAS S/O LATE SHISIR DAS R/O SARUPATHAR TOWN WARD NO. 4 P.O. AND P.S.-SARUPATHAR DIST-GOLAGHAT ASSAM PIN-785601 6: DILDAR HUSSAIN S/O LATE IDEU HUSSAIN Page No.# 5/8 R/O SARUPATHAR TOWN WARD NO. 4 P.O. AND P.S.-SARUPATHAR DIST-GOLAGHAT ASSAM PIN-785601 7: PARTHA PRATIM DAS S/O LATE PRANTUSH DAS R/O SARUPATHAR TOWN WARD NO. 7 P.O. AND P.S.-SARUPATHAR DIST-GOLAGHAT ASSAM PIN-785601 VERSUS THE STATE OF ASSAM AND 8 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM DEPARTMENT OF HOUSING AND URBAN AFFAIRS GOVERNMENT OF ASSAM ASSAM SECRETARIAT DISPUR GUWAHATI ASSAM PIN-781006 2:THE DIRECTORATE OF MUNICIPAL ADMINISTRATION REPRESENTED BY ITS DIRECTOR DISPUR GUWAHATI ASSAM PIN-781006 3:THE DIRECTOR DIRECTORATE OF MUNICIPAL ADMINISTRATION DISPUR GUWAHATI ASSAM PIN-781006 4:SARUPATHAR MUNICIPAL BOARD REPRESENTED BY ITS CHAIRMAN SARUPATHAR GOLAGHAT ASSAM PIN-785601 Page No.# 6/8 5:THE CHAIRMAN SARUPATHAR MUNICIPAL BOARD SARUPATHAR GOLAGHAT ASSAM PIN-785601 6:THE VICE-CHAIRMAN SARUPATHAR MUNICIPAL BOARD SARUPATHAR GOLAGHAT ASSAM PIN-785601 7:THE SUB-DIVISIONAL OFFICER DHANSIRI SARUPATHAR GOLAGHAT ASSAM PIN-785601 8:THE ASSISTANT COMMISSIONER DHANSIRI SARUPATHAR GOLAGHAT ASSAM PIN-785601 9:THE ADDITIONAL DEPUTY COMMISSIONER DHANSIRI SARUPATHAR GOLAGHAT ASSAM PIN-785601 ------------ Advocate for : MR S BORTHAKUR Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 8 ORS BEFORE HON’BLE MR. JUSTICE KARDAK ETE O R D E R Page No.# 7/8 Date : 30.01.2026. Heard Mr. S. Dey, learned counsel for the applicants/writ petitioners. Also heard Mr. S. Borthakur, learned counsel for the respondent Nos.4, 5 & 6. By filing this interlocutory application, the petitioners have prayed for a direction to the respondent Nos.4, 5 & 6, to accept the rent from the applicants in respect of their shops @ Rs.2/- per square ft., in terms of the interim order dated 21.12.2023, passed in WP(C) No.7564/2023. It is contended by Mr. S. Dey, learned counsel for the applicants that after the interim order dated 21.12.2023, the applicants have filed an application on 28.12.2023 for acceptance of the rent, as directed by this Court. However, the respondent authorities have refused to accept the same, which is in violation of the order of this Court. Mr. S. Borthakur, learned counsel for the respondent Nos.4 & 5 however submitted that the applicants along with nearly 100 people had come to the office of the respondent for which the respondents could not accept the payment of rent due to chaos created by the applicants themselves. Today both the learned counsel for the parties have fairly submitted that the applicants herein will deposit the required rent as directed by the interim order dated 21.12.2023, passed in WP(C) No.7564/2023 and on such deposits, the respondent authorities will accept the rent as per the interim order of this Court. Having considered the submissions made by learned counsel for the parties and considering that this Court has clearly directed that the applicants shall continue to pay rents in respect of their respective shops @ Rs.2/- per square feet, I deem it fit and proper to dispose of this Interlocutory Application with a Page No.# 8/8 direction to the applicants to approach the respondent authorities for payment of the rent in respect of their shops, as directed by this Court. Accordingly, it is ordered that the applicants will approach the respondent authorities, namely, respondent Nos.4, 5 & 6 and deposit the rent in respect of their shops @ Rs.2/- per square feet, and on such approach and deposit, the respondent authorities will accept the same in terms of the order dated 21.12.2023. It is needless to observed that the applicants would not create any chaos in the office premises of the respondents. This Interlocutory Application is disposed of in terms of the above. JUDGE Comparing Assistant