WP(C) 5020/2010 BEFORE HE HON’BLE MR JUSTICE B.P. KATAKEY Heard Mr. J Islam, learned counsel for the petitioner, Ms VL Singh, lear ned State counsel appearing for the respondent Nos. 1, 2, 3 and 4 as well as Mr. N Islam, learned counsel appearing for the respondent No. 5. As agreed to by the learned counsel for the parties the writ petition is taken up for hearing and disposal at the order stage itself. The petitioner, by the present petition, has prayed for a direction to the respo ndent authorities not to allow the respondent No. 5 to make any construction in violation of the Silchar Master Plan, Building Bye Laws as well as the Assam Tow n and Country Planning Act, 1959 contending inter alia that the respondent No. 5 is undertaking such construction. The respondent No. 5 in the Miscellaneous application being Misc. case N o. 815/2011 has stated that the Chairman of the Silchar Development Authority ha s issued a notice dated 6.9.2010 asking him to show cause as to why the developm ent/construction should not be demolished/removed as provided under Section 30 B of the Assam Town and Country Planning Act, 1959 which proceeding is still pend ing though respondent No. 5 has submitted his reply on 13.9.2010. It appears from the said application filed in the aforesaid Misc. Case b y the respondent No. 5 that such proceeding is pending before the Silchar Develo pment Authority, which proceeding has been initiated by issuing a notice dated 6 .9.2010. It also appears from the said notice that the respondent No. 5 has been directed to stop construction immediately. Since the Silchar Development Authority has already initiated the procee ding by issuing the notice dated 6.9.2010 under the provision of the Assam Town and Country Planning Act, 1959 the present petition is disposed of with the dire ction to the Development Authority to decide the said proceeding within a period of two months from the date of receipt of the certified copy of this order to b e produced either by the petitioner or by the respondent No. 5. Till such proceeding is decided by the Silchar Development Authority, th e respondent No. 5 is to obey the order of the Silchar Development Authority dir ecting not to make further construction. The writ petition stands disposed of.