WP(C) 5698/2003 BEFORE HON’BLE MR. JUSTICE B.K. SHARMA Both the writ petitions pertain to the claim of the petitioners for allo tment of rooms/stalls in the Fancy Bazar Municipal Market, Guwahati. While it i s the case of the petitioner in W.P.(C) No. 3026/05 that he is entitled to get a llotment of another room in the ground floor in addition to two rooms already al lotted to him, it is the case of the petitioner in the second writ petition, i.e . W.P.(C) No. 5698/03 that he is entitled to allotment of room bearing No. 130 i n the ground floor. The petitioner in the first writ petition has been allotted with one room in the first floor of the market in addition to two room already a llotted to him in the ground floor. According to the Gauhati Municipal Corporation (GMC), allotments of room s have been made strictly in accordance with the policy guidelines and/or resolu tions adopted by the GMC authority. It is also the prayer of the petitioners tha t allotment should be made strictly in accordance with the said policy guideline s. According to the respondents, the petitioner in the first writ petition havin g deposited the required fees in respect of three room allotted to him, i.e. two rooms in the ground floor and one room in the first floor, he cannot resile bac k from that position so as to question the validity of the action of the GMC in allotting one room to him in the first floor. As per the policy decision of the GMC, the grocery shops are to be allotted in the ground floor and the stationar y shops are to be allotted in the first floor. According to the petitioner since he was carrying business of grocery at temporary Maskhowa Municipal market, he is entitled to all the three rooms in the ground floor to carry on his grocery b usiness. On the other hand, it is the stand of the GMC that since license issued in favour of the petitioner is for stationary business, the allotment of one ro om in the first floor is according to the policy decision of the GMC. The claim of the petitioner in the second writ petition, i.e. W.P.(C) No . 5698/03, is for allotment of the room No. 130 in the ground floor. This cour t by order dated 02.12.05 passed Misc. case No. 3175/05 directed to maintain the status quo in respect of the said room. Since the matter involves policy decision of the GMC authority and it ha s already passed certain resolutions towards allotment of rooms, I am of the con sidered opinion that the matter requires the decision of the said authority. The writ Court in exercising the power of this judicial review under Article 226 of the Constitution of India cannot issue any mandamus to the GMC to act in a part icular manner towards allotment of rooms. If certain guidelines have been adopte d, needless to say that the GMC would follow the same. In view of the above, both the writ petitions are disposed of providing that the GMC authority may decide the subject matter involved strictly in accord ance with the guidelines which have already been adopted and circulated. Entire exercise shall be carried out as expeditiously as possible preferably within two months from today. Till then, the interim order passed on 02.12.05 in Misc. Cs e No. 3175/05 in W.P.(C) No. 5698/03 shall continue. Similarly, the interim orde r passed in W.P.(C) No. 3026/05 shall also continue. For appropriate disposal of the matter, the petitioners in both the writ petitions may approach the GMC wit h the certified copy of this order and the materials available on record for the purpose.