WP(C) 1101/2011 BEFORE THE HON’BLE MR. JUSTICE B.P. KATAKEY Heard Mr. Gogoi, learned counsel for the petitioner as well as Mrs. V.L. Sinha, learned State counsel appearing for the respondents, including North Lak himpur Municipal Board, represented by the Chairman, the respondent No.4. The petitioner by the present petition has challenged the communication dated 18.11.2010 issued by the Chairman, North Lakhimpur Municipal Board, direct ing the petitioner to vacate the land under her possession as the said land is r equired for construction of 4(four) public toilets under Assam Vikash Yojana. According to the petitioner vide order dated 01.04.1992 issued by the Ex ecutive Officer of Municipal Board, permission was granted in her favour to cons truct a temporary shed measuring 7 ft. X 4 ft. in the land in question in Ward N o.7 of North Lakhimpur Municipal Board, near Dhakuakhana Road, pursuant to which she though has constructed the said temporary shed and continued to pay the req uired taxes, the Municipal authority has issued the notice on 18.11.2010 directi ng her to vacate the said land even without making any alternative arrangement. Mrs. V.L. Sinha, learned State counsel appearing for the respondents, on the basis of the instruction has submitted that the land over which the petitio ner was earlier granted permission for construction of a temporary shed is requi red for public purpose i.e. for construction of public toilets and the said land was temporarily allowed to be occupied by the petitioner with the condition tha t she will vacate the said land as and when required by the Municipal Board. The State counsel further submits that the petitioner’s case for allotment of alter native land would definitely be considered by the Municipal authority and necess ary order would be passed. It appears from the order dated 01.04.1992 issued by the Executive Offic er of the Municipal Board that the petitioner was allowed to occupy the said lan d and granted permission to construct a temporary shed, purely on temporary basi s with the condition that she has to vacate the land as and when required by the Board. The order dated 18.11.2010 issued by the Chairman reveals that the said land is required for a public purpose for construction of toilets under the Assa m Vikash Yojana. Since the petitioner has accepted such condition to vacate the land as and when required, she cannot subsequently turn around and complained ab out the notice asking her to vacate the land. However, since the petitioner has constructed the shed pursuant to the o rder dated 01.04.1992 and she has been doing her business in the said shed, the Municipal authority shall within a month from the date of receipt of the certifi ed copy to be produced by the petitioner before the Chairman, North Lakhimpur Mu nicipal Board, consider the case of the petitioner for allotment of the alternat ive land/ house. The writ petition is accordingly disposed of without, however, interferi ng with the notice dated 18.11.2010. The order of status quo passed earlier in the present writ proceeding sh all continue for a period of 1(one) month or the date of passing of the aforesai d order, whichever is earlier.