Page No.# 1/7 GAHC010031652022 2026:GAU-AS:2653 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1326/2022 ON THE DEATH OF JATIN DUTTA, HIS LEGAL HEIRS 1.1) ANIMA DUTTA AGED ABOUT 73 YEARS W/O LATE JATIN DUTTA, R/O CHABUA MORANKARI GAON, CHABUA TOWN, P.O. AND P.S.-CHABUA, DIST- DIBRUGARH, ASSAM, PIN-786184. 1.2: JAHER DUTTA AGED ABOUT 53 YEARS S/O- LATE JATIN DUTTA R/O CHABUA MORANKARI GAON CHABUA TOWN P.O. AND P.S.-CHABUA DIST- DIBRUGARH ASSAM PIN-786184. 1.3: JAYANTA DUTTA AGED ABOUT- 41 YEARS S/O-LATE JATIN DUTTA R/O CHABUA MORANKARI GAON CHABUA TOWN P.O. AND P.S.-CHABUA DIST- DIBRUGARH ASSAM PIN-786184 VERSUS THE STATE OF ASSAM AND 4 ORS. REPRESENTED BY THE SECRETARY, MUNICIPAL ADMINISTRATION DEPARTMENT, DISPUR, GUWAHATI-781006 2:THE CHABUA MUNICIPAL BOARD REPRESENTED BY ITS EXECUTIVE OFFICER CHABUA MUNICIPAL BOARD CHABUA DIST- DIBRUGARH Page No.# 2/7 PIN-786184 3:THE EXECUTIVE OFFICER CHABUA MUNICIPAL BOARD CHABUA DIST- DIBRUGARH PIN-786184 4:THE DEPUTY COMMISSIONER DIBRUGARH DIST-DIBRUGARH PIN-786001 5:THE CIRCLE OFFICER CHABUA REVENUE CIRCLE CHABUA DIST- DIBRUGARH PIN-78618 BEFORE HON’BLE MR. JUSTICE DEVASHIS BARUAH For the Petitioner(s) : Mr. R. Majumdar, Advocate For the Respondent(s) : Mr. K. Gogoi, Government Advocate · Date on which Judgment was reserved : N/A · Date of Pronouncement of Judgment : 20.02.2026 · Whether the pronouncement is of the Operative Part of the Judgment : No · Whether the full Judgment has been Pronounced : Yes JUDGMENT AND ORDER (ORAL) Heard Mr. R. Majumdar, the learned counsel appearing on behalf of the Petitioners and Mr. K. Gogoi, the learned Government Page No.# 3/7 Advocate appearing on behalf of the Respondent Nos. 1, 2, 3, 4 and 5. 2. The present writ petition has been filed by the Petitioners alleging that contrary to the agreement entered into by Chabua Municipal Board with the Petitioners to allot 5 (five) shops on the ground floor at the new commercial building in the Chabua Municipal Commercial Market Complex, no steps were taken by the Respondent Authorities. 3. It is seen from the pleadings contained in the writ petition that the Petitioners’ father was originally allotted an area of 500 sq. ft. in the old market complex. When steps were being taken for demolishing the old market complex and to construct a new market complex, an agreement was entered into on 16.03.2020 by and between Chabua Municipal Board as well as the father of the present Petitioners herein that an area admeasuring 500 sq. ft. would be allotted to the Petitioners’ father being Shop Nos. 22, 23, 25, 26 and 30 in the ground floor of the building. 4. The grievance of the Petitioners’ father was that these five shops were not allocated to the Petitioners’ father and as such, the Petitioners’ father approached this Court. Page No.# 4/7 5. The record reveals that vide an order dated 20.06.2022, this Court issued notice. 6. It is also apparent from the materials on record that the Petitioners’ father expired and he was substituted by the present Petitioners who have been arrayed as Petitioner Nos. 1(a), 1(b) and 1(c). 7. It is also seen from the affidavit-in-opposition filed by the Respondent No.3 on 27.04.2022 that the original Petitioner was already allotted three numbers of shops at Serial Nos. 46, 48 and 51 in Block-B in the ground floor by the Executive Officer of the Chabua Municipal Board and the same was done by adjusting 103 numbers of tenants. It is also stated in the said affidavit-in- opposition that the Chabua Municipal Board shall allot two numbers of shops on the first floor when the same would be handed over upon completion as the construction of the first floor was yet to be completed. The relevant portion of Paragraph No.3 of the said affidavit-in-opposition filed by the Respondent No.3 is reproduced herein under: “That so far as the instant writ petition is concerned the Chabua Municipal Board has allotted the Petitioner 3 numbers of shops at serial Nos. 46, 48 and 51 in Block No.B, by adjusting all 103 numbers of tenants and also assured Page No.# 5/7 him that the Chabua Municipal board shall allot 2 numbers of shops on the first floor when the same will be handed over on being completion as the construction of the said first floor is about to be completed. Sri Jatin Dutta i.e. the petitioner of the writ petition has already been allotted 3 numbers of shops at serial Nos. 46, 48 and 51 in Block No.B in the ground floor by the Executive Officer of Chabua Municipal Board. The Executive Officer of the Chabua Municipal Board taking into consideration of the poor and old tenants who occupied only one shop on the ground floor which is the only source of income for maintaining their entire family members by running the said shop, adjusted amongst the tenants. That is why the Executive Officer of the Chabua Municipal Board allotted only 3 numbers of shops to the petitioner. It is not proper and justified to prefer 5 shops to one person and depriving all other tenants from their only source of livelihood besides the fact that the Municipal Board has assured the writ petitioner to allot 2 numbers of shops on the first floor in addition to the 3 number of shops in ground floor. It is mentioned that although the petitioner has been allotted 3 numbers of shops at serial Nos. 46, 48 and 51 in Block No.B in the ground floor, but he has not yet been turned up for signing the agreement and accordingly a reminder letter under memo No.CMB/22/10% PF/190 dated 29.03.2022 was sent to him. The same was duly received by him. But till now no steps has been taken on his part for concluding the procedure. In fact, the petitioner after receipt of the letter dated 29.03.2022, submitted a representation dated 31.03.2022 addressing the Deputy Commissioner, Dibrugarh inter alia stating that the Chabua Municipal Board is doing an illegal act by issuing the letter dated 29.03.2022 to him on the count of showing intention to transfer his shops to third person while the case is pending before the Hon’ble High Court. Hence the final allotment is still pending on the part of the authorized signatories.” Page No.# 6/7 8. From the above, it is therefore clear that the Respondent Nos. 2 and 3 instead of allotting the original Petitioner or his legal representatives the five shops in the ground floor of the new market complex have already allotted three shops in the ground floor and have assured two shops on the first floor. It is also clear that on account of the Petitioners not approaching the Respondents for signing the agreements, the final allotment proceedings are still pending. 9. This Court further takes note of a recent order passed by this Court dated 24.11.2025 wherein this Court duly recorded the stand taken by the Chabua Municipal Board that if the legal heirs of the original Petitioner submits an application for succession along with necessary legal heir certificate and a NOC to the Chabua Municipal Board, the allotments of the shops shall remain valid and continue in effect. 10. Mr. R. Majumdar, the learned counsel for the Petitioners submitted that the Petitioners have already done the needful. 11. Accordingly, this Court therefore disposes of the instant writ petition with the following observations and directions: (i) The Respondent Authorities more particularly the Respondent Page No.# 7/7 Nos. 2 and 3 shall issue appropriate orders and/or enter into agreements upon being satisfied with the legal heir certificate so submitted by the substituted Petitioners in respect to the three shops bearing Shop Nos. 46, 48 and 51 in the ground floor. (ii) In addition to that, the Respondent Nos.2 and 3 are further directed to issue appropriate orders/enter into agreements with the substituted Petitioners in respect to the two shops which the Respondent Nos. 2 and 3 proposes to allot to the Petitioners in the first floor of the new market complex. (iii) The said exercise be completed within a period of 30 days from the date a certified copy of the instant order is served upon the Respondent No.3 in respect to the three shops on the ground floor and within the said period, if construction of the first floor is complete. It is further observed that in the circumstance, the construction of the first floor is yet to be completed, the same be done immediately upon completion of the first floor. JUDGE Comparing Assistant Bijoy Saha Digitally signed by Bijoy Saha Date: 2026.02.23 13:39:18 +05'30'