WP(C) 6197/2010 BEFORE HON’BLE MR. JUSTICE B.P. KATAKEY Heard Mr. Biswas, learned counsel for the petitioner as well as Mr. Gosw ami, learned counsel appearing for the respondent Nos. 1, 2 and 3. Also heard Mr . PK Munir, learned counsel appearing for the respondent No. 4. The petitioner, by the present petition, has challenged the order dated 3.11.2010 issued by the Commissioner, Assam State Housing Board whereby and wher eunder the allotment of Flat No. 4 of MIG Building No. 4 of the Housing Board ma de in favour of the petitioner on 8.3.1991 has been cancelled, directing him to vacate the flat within seven days. The respondents Housing Board in the affidavit-in-opposition filed on 4. 2.2011 has stated on oath that the allotment of the said flat has been cancelled as a plot of land (Plot No. HIG-17 measuring 330 sq.ft., at Madghoria) was allo tted to the petitioner over which he constructed his own house and is residing t here by allowing some other person to occupy the aforesaid flat allotted to him on 8.3.1991. The respondent No. 4 in the affidavit-in-opposition has also stated that after cancellation of the said allotment vide impugned order dated 3.11.2010 th e said flat has been allotted to him. The statements of the respondent Nos. 1, 2 and 3 in the affidavit-in-opposition has not been denied. The petitioner h aving his own residence over the plot of land allotted by the Housing Board is n ot entitled to get the allotment of another flat thereby depriving another deser ving person from getting the allotment of the flat. Moreover, the petitioner has suppressed such material fact from this Court as not a whisper has been made in that regard in this writ petition, which disentitles the petitioner from gettin g any relief in the writ petition. In view of the above, the writ petition stands dismissed.