WP(C) 6149/2007 BEFORE THE HON’BLE MR. JUSTICE B.P. KATAKEY Heard Mr. Talukdar, learned counsel for the petitioner and Mr. Roy, lear ned counsel appearing for the respondent Nos.3 and 4. The respondent Nos.1 and 2 have not contested the proceeding despite service of notice. The petitioner by the present petition has challenged the order dated 26 .11.2007 passed by the Chairman, Dhemaji Town Committee directing him to remove the pacca structure within 7(seven) days from the date of issuance of the said o rder and further intimating that unless such structure is removed, the petitione r would be evicted therefrom. The grounds of challenge to the said order is that the land over which t he petitioner constructed the house is a patta land belonging to him and the Cha irman of the Town Committee has issued such order even without issuing any notic e to show-cause as to why such an order should not be passed. The petitioner is, therefore, alleging violation of the principle of natural justice. No affidavit -in-opposition has been filed by any of the respondents. As noticed above, the r espondent Nos.1 and 2, in fact, have not contested the present proceeding. The impugned order dated 26.11.2007 issued by the Chairman, Dhemaji Town Committee requiring the petitioner to remove the structure does not reflect iss uance of prior notice asking the petitioner to show-cause as to why such order s hould not be passed. The petitioner in paragraph 8 of the writ petition has also stated on oath that no such show-cause notice was issued to him. The said averm ent made in the petition has not been denied by any of the respondents by filing any affidavit. The petitioner having claimed that he constructed the house over his pat ta land, the Chairman, Dhemaji Town Committee cannot direct demolition of the st ructure as has been done vide order dated 26.11.2007, without affording any oppo rtunity to the petitioner to show-cause as to why such order should not be passe d. In view of the above, the impugned order dated 26.11.2007 passed by the Chairman, Dhemaji Town Committee is set aside. The Dhemaji Town Committee, howev er, shall now issue notice to the petitioner asking him to show-cause as to why the structure should not be demolished. The Chairman of the Town Committee there after, upon giving the petitioner a reasonable opportunity of showing cause shal l pass necessary order. The writ petition is accordingly allowed to the extent as indicated abov e. No costs.