GAUHATI HIGH COURT ISSUES ORDER ON SRI SANTOSH BISWAS V/S UNION OF INDIA AND 2 ORS

GUWAHATI, India, Dec. 19 -- Gauhati High Court issued the following order on Nov. 19:

1. Heard Mr. H. K. Das, the learned counsel appearing on behalf of the petitioner. Ms. A. Gayan, the learned counsel appears on behalf of the respondent No.1 and Mr. S. Borthakur, the learned counsel appears on behalf of the respondent Nos.2 & 3.

2. The petitioner herein has assailed the email dated 23.09.2021 as well as the communication dated 03.04.2025 whereby the petitioner's candidature as well as the representation was rejected respectively.

3. It is the case of the petitioner that at that point of time, on account of the COVID pandemic and he being physically handicapped, the petitioner could not obtain the required land to come within the ambit of Group 1 or Group 2. However, this aspect was brought to the notice of the respondents by way of a representation asking for some more time. However, the same was rejected vide the communication dated 03.04.2025, and as such, the petitioner is before this Court.

4. When the matter was taken up by this Court on 31.10.2025, it was submitted by Mr. H. K. Das, the learned counsel appearing on behalf of the petitioner that in the meantime, the petitioner has been able to arrive at an understanding with various owners in respect to the land which can be submitted. This Court also on that very day enquired with Mr. S. Borthakur, the learned counsel appearing on behalf of the respondent Nos.2 & 3 as to whether the Respondent Corporation has been able to settle the retail outlet to any person in the area, which is specifically reserved for PWD.

5. Mr. S. Borthakur, the learned counsel for the respondent Nos.2 & 3 submitted on instructions that the respondent Nos.2 & 3 have not been able to grant the settlement in respect to the advertised location to any PWD candidate.

6. Accordingly, this Court therefore fixed the matter on 14.11.2025 thereby granting liberty to the petitioner to file additional affidavit. In pursuance thereto, an additional affidavit was filed by the petitioner on 15.11.2025 whereby the land details of a plot of land within the advertised location as well as a Memorandum of Understanding has been enclosed with the owners of the land in question wherein it was agreed to that the owners of the land would lease out a plot of land admeasuring 60 meters in length and 50 meters in breadth, i.e. 3000 sq. m. at a monthly rent of Rs.20,000/- in the circumstance, the petitioner is granted the said contract.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=A9S7c5LDIsB6RXaCf816x9jTz%2BtGqMNX1CyvTG9tJ8WHkGi1LoDbuYvrHqAgRZEG&caseno=WP(C)/6514/2025&cCode=1&cino=GAHC010248202025&state_code=6&appFlag=)

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