The Court dismissed a contempt petition clarifying that the appellant can continue running the Dhing Bazar per its own resolution after noting the single judge's order. It noted the settlement was stayed in a separate petition.
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GAHC010077152019
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WA 95/2019
1:DHING MUNICIPAL BOARD,
REP. BY ITS CHAIRMAN, P.O.- DHING, DIST.- NAGAON, ASSAM, PIN782123.
VERSUS
1:JATIN CHANDRA NATH AND 2 ORS
S/O- LATE POWAL NATH, R/O- VILL.- NAMDUMDUMIA SATRA, P.O. AND P.S. DHING, DIST.- NAGAON, ASSAM, PIN- 782123.
2:THE STATE OF ASSAM
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM MUNICIPAL ADMINISTRATION DEPARTMENT DISPUR
GUWAHATI- 781006.
3:THE DIRECTOR MUNICIPAL ADMINISTRATION DEPARTMENT DISPUR GUWAHATI- 78100
Advocate for the Petitioner : MR H K DAS
Advocate for the Respondent : GA, ASSAM
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BEFORE HON’BLE THE CHIEF JUSTICE MR. A.S. BOPANNA HON’BLE MR. JUSTICE ARUP KUMAR GOSWAMI
09.04.2019
(A.S. Bopanna, CJ)
The appellant Dhing Municipal Board is before this Court assailing the order dated 1.4.2019 passed by the learned Single Judge in W.P.(C) No. 2194/2019.
Having heard Mr. HK Das, learned counsel for the appellant, a perusal of the order dated 1.4.2019 passed by the learned Single Judge would on the face of it indicate that the same is an innocuous order whereby the learned Single Judge has merely directed the appellant to take note of the request of the writ petitioner therein while taking a decision to make alternative arrangement to run the Dhing Bazar (Athgaon Hat).
Learned counsel for the appellant would submit that notwithstanding the said position, the writ petitioner taking advantage of the said order is attempting to create a law and order situation despite the appellant having already taken a decision dated 26.3.2019 to run the Dhing Bazar (Athgaon Hat) themselves until further orders. In that view, learned counsel for the appellant seeks that this aspect of the matter be taken note by this Court. In that regard, what is relevant to be taken note is that the settlement made by the Dhing Municipal Board through the order dated 5.3.2019 for the year 2019-2020 is called in question in W.P.(C) No. 1910/2019. The settlement therein was in favour of respondent No.5 to the said writ petition. In the said writ petition, the learned Single Judge through the order dated 20.3.2019 has stayed the settlement order dated 5.3.2019. However, in so far as making alternative arrangement to run the Dhing Bazar (Athgaon Hat) in the interregnum, the learned Single Judge has left it to the respondent No.3 therein, namely, Dhing Municipal Board to take a decision. It is in that light, the resolution dated 26.3.2019 is passed by the appellant to run the Dhing Bazar (Athgaon Hat) themselves until further orders are passed. If that be the position, all that the appellant is required to do is to take note of the order dated 1.4.2019 passed by the learned Single Judge in W.P.(C) No. 2194/2019 and intimate the petitioner
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therein of such decision having already been taken by them and in that light, there would be no impediment whatsoever for the appellant to continue to run the Dhing Bazar (Athgaon Hat) in the manner as decided by them through the resolution dated 26.3.2019. In that circumstance, since it is open for the appellant themselves to intimate the writ petitioner to that effect, we find no need to interfere with the order dated 1.4.2019 except for making the above clarification.
Accordingly, the appeal stands disposed of.
JUDGE CHIEF JUSTICE
Comparing Assistant
DHING MUNICIPAL BOARD
STATE OF ASSAM
A.S. BOPANNA
ARUP KUMAR GOSWAMI
As recorded by the court registry
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