Maqbul Ali Mazumdar preferred a Civil Suit against the present writ petitioners there by claiming their respective shares over the property left by their father late Makbul Ali Mazumder. Though the suit was dismissed, however being aggrieved, one of the plaintiffs preferred an appeal which is still pending. The present writ petitioners got a building permission from the Silchar Development Authority at Silchar on 16.1.2017. On the basis of said building permission, writ petitioner started carrying out construction over the said land whereafter the said daughters preferred title suit claiming their shares over the landed property of late father Mazbul Ali Mazumdar. In addition to filing the suit the said two daughters also raised objection before the Silchar Development Authority opposing the grant of building permission. On the basis of said complaint, Stop Construction Notice was issued. However, in pursuance of a compromise between the brothers and sisters, they withdrew their objection. On the strength of said withdrawal of complaint by the said two daughters, the Stop Construction Notice was withdrawn and the writ petitioners again carried out construction afresh. Being aggrieved, the respondent No. 8 in the writ petition/ the petitioner in this stay vacating petition raised his objection by filing an appeal before Additional Secretary, Urban Development Department at Guwahati. The said appeal was numbered as Appeal Case No. 1 of 2017. Vide order dated 7.11.2017, the appellate authority allowed the appeal by holding that as per Rule 4 and Schedule-II of the Rule of Assam Notified Urban Areas(Other than Guwahati) Building Rules, 2014, the application for building permission is to be accompanied by ownership title of land /land documents etc and the appellate authority finally held that the NOC issued by the Chairman, Silchar Development Authority dated 16.1.2017 to the writ petitioners was not as per relevant provisions of the said Rules, 2014. After holding such the matter was sent back to the Chairman, Silchar Development Authority for taking necessary steps as per above direction of the appellate Authority. The writ petitioners challenged the said order dated 7.11.2017 passed by the appellate authority in the writ petition.
