MAYNA BEGAM MOZUMDER Vs. STATE OF ASSAM AND 4 ORS
LAWS(GAU)-2018-10-106
HIGH COURT OF GAUHATI
Decided on October 08,2018

Mayna Begam Mozumder Appellant
VERSUS
State Of Assam And 4 Ors Respondents

JUDGEMENT

Achintya Malla Bujor Barua, J. - (1.) Heard Ms. R. Choudhury, learned counsel for the petitioners. Also heard Mr. S.P. Choudhury, learned counsel for the respondent No.5 in WP(C) No.3579/2018 and respondent No.8 in WP(C) No.7759/2017. Also heard Mr. B.K. Purakayastha, learned counsel for the respondent Silchar Development Authority as well as Mr. S.R. Barua, learned counsel for the authorities of Govt. of Assam in the Urban Development Department.
(2.) The petitioner in WP(C) No.3579/2018 is the daughter of late Makbul Ali Mazumder, whereas, the petitioner in WP(C) No.7759/2017 are the two sons of late Makbul Ali Mazumder. Late Makbul Ali Mazumder had seven children comprising of one daughter and two sons from his first wife and two daughters and two sons from second wife. The petitioner in WP(C) No.3579/2018 is one of the daughters from second wife whereas, petitioner in WP(C) 7759/2017 are the two sons also from the second wife. The respondent No.5 in WP(C) No.3579/2018 is the daughter from the first wife and the respondent No.8 in WP(C) No.7759/2017 is the grandson through one of the sons of the first wife. Late Makbul Ali Mazumder was an occupancy tenant in respect of 12 katha 2 Chattaks pertaining to dag No.1 & 2 in 2nd R.S. Patta No.1 under Porgona Barakpur, Cachar. The land owner of the said land was one Binoy Bhusan Mazumder.
(3.) In WP(C) 3579/2018, a No Objection Certificate for construction granted by the Silchar Development Authority in favour of the respondent No.5 therein has been assailed. On the other hand, in WP(C) 7759/2017 a similar No Objection Certificate also granted by the Silchar Development Authority in favour of the writ petitioner therein, which was objected by the respondent No.8 before the appellate forum. The appellate forum had interfered with the No Objection Certificate on the premises that the writ petitioner did not have the title over the land in question. The order of the appellate forum is assailed in WP(C) 7759/2017.;


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