Page No.# 1/4 GAHC010044242023 2026:GAU-AS:5921 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2092/2023 JAYANTA DAS S/O- PABIN DAS R/O- VILL- AMBARI MUSHALPUR P.O. MUSHALPUR P.S. MUSHALPUR DIST.- BAKSA VERSUS THE BODOLAND TERRITORIAL COUNCIL AND 6 ORS REP. BY ITS PRINCIPAL SECRETARY BTC BODOFA NWGWR KOKRAJHAR BODOLAND TERRITORIAL REGION (ASSAM) 2:THEJOINT DIRECTOR AND CHIEF HEAD OF DEPARTMENT (CHD) BODOLAND TERRITORIAL COUNCIL (BTC) KOKRAJHAR ASSAM PIN- 783370 3:THE DIRECTOR OF MUNICIPAL ADMINISTRATION ASSAM DISPUR GHY-6 ASSAM 4:MUSHALPUR MUNICIPAL BOARD REP. BY ITS CHAIRMAN MUSHALPUR DIST.- BAKSA PIN- 781373 Page No.# 2/4 5:THE CHAIRMAN MUSHALPUR MUNICIPAL BOARD MUSHALPUR DIST.- BAKSA PIN- 781373 6:THE DEPUTY COMMISSIONER DIST.- BAKSA PIN- 781346 7:THE CIRCLE OFFICER BAKSA REVENUE CIRCLE MUSHALPUR DIST.- BAKSA PIN- 781346 ------------ Advocate for : MR. S BORTHAKUR Advocate for : SC BTC appearing for THE BODOLAND TERRITORIAL COUNCIL AND 6 ORS BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 29-04-2026 Heard Mr. S. Borthakur, learned counsel for the petitioner. Also heard Ms. B. Bora, learned Standing Counsel for the BTC and Mr. J. Hondique, learned counsel appearing for respondent Nos. 3 & 4. 2. The instant writ petition has been filed by the petitioner assailing Notice No.MMB/EVICTION-1/2022-23/438 dated 13.02.2023, issued by the Chairman, Mushalpur Municipal Board, Mushalpur whereby the petitioner was directed to clear and leave the site immediately on or before 20.02.2023, failing which necessary action will be taken from their end. 3. The case of the petitioner is that the petitioner is possessing a Government Page No.# 3/4 Khas land measuring 15 Lecha covered by Patta No. 119 (Touji) located at village Ambary, Mouza Uttar Baksa of Baksa Revenue Circle in the district of Baksa since 1980. It is contended that the petitioner is paying the required Revenue for the said land. 4. It is the further case of the petitioner that vide notice dated 13.02.2023, the Chairman, Mushalpur Municipal Board, had issued a notice to the petitioner along with three others to clear and vacate the place which they have been occupying, on the ground that the same falls under the State Veterinary Dispensary (Old Campus). It is the case of the petitioner that such notice could not have been issued by the Chairman, Mushalpur Municipal Board, as the same is without jurisdiction in view of the provisions of the Assam Municipal Act, 1956 and the Assam Land and Revenue Regulation, 1886. 5. In this connection, Mr. Borthakur, learned counsel for the petitioner, submits that as per Section 62, which provides for Municipal Property, the land in question does not fall within the definition of Municipal Property, therefore, the Chairman, Municipal Board, does not have any jurisdiction to issue such notice in terms of Section 159 of the Act. 6. Ms. Bora, learned Standing Counsel for the BTC, has fairly submitted that the power to issue such notice is not vested in the Chairman, Municipal Board. 7. In this connection, it may be relevant to extract hereinbelow Section 159 of the Act: "159. Removal of obstructions or encroachments in or on public road. The Board may issue a notice requiring any person to remove any building which he may have built or any fence, rail post or other obstruction or encroachment which he may have erected, on any public road, house-gully, public drain, sewer, aqueduct water-course, Page No.# 4/4 ghat or any land vested in the Board; and if such person fails to comply with such requisition within forty-eight hours of the receipt of the same, the Magistrate may, on the application of the Board, order that such obstruction or encroachment be removed; and thereupon the Board may remove any such obstruction or encroachment and the expenses thereby incurred shall be paid by the person who erected the same." 8. From the above provision, it is discernible that the Board has the power to issue a notice requiring any person to remove any building which he may have constructed or any fence, rail post or other obstruction or encroachment which he may have erected on any public road, house-gully, public drain, sewer, aqueduct, water-course, ghat or any land vested in the Board. However, in the instant case, it is seen that the land is neither vested in the Board nor is there any allegation of obstruction to any public passage, public road, gully, ghat, water-course, etc. Therefore, it is clearly evident that the power to issue such notice is not vested in the Chairman of the Municipal Board. 9. Accordingly, the impugned notice dated 13.02.2023 is found to be unsustainable in law and is hereby set aside and quashed. 10. In terms of the aforesaid, the writ petition stands disposed of. JUDGE Comparing Assistant