WP(C) 228/2007 BEFORE HON’BLE MR JUSTICE AMITAVA ROY Heard Mr P. Bhowmik, learned counsel for the petitioner. It is submi tted at the Bar that the Shilling Municipal Board (hereinafter referred to as th e ’Board’) does not ,for the present ,has its Standing counsel at the Principal seat , Guwahati. Issue notice returnable on 30.01.2008. The petitioner would take steps for service of notice on the respondents by registered post with A/D. Steps within 2 days. Liberty is also granted to t he petitioner to cause personal service of notice on the respondents. The proce ss, however, should be routed through the office of this Court. Issue notice on the prayer for interim relief also returnable on the sam e date. The learned counsel for the petitioner with reference to the letter date d 28.9.2007 of the Chief Executive Officer, Shillong Municipal Board contends t hat though in terms thereof the petitioner has been collecting tolls from Boar d’s toll gate at Lad Nongkrem by duly depositing the amounts so exacted with i t(Board), by letter dated 20.12.2007 he had been initially informed that the s aid gate would be operated departmentally and later by the impugned letter date d 14.1.2008 , that the collection of toll at the gate is entrusted to the res pondent No.2 . Mr Bhowmik submits that in face of the period for which the gate had b een settled with the petitioner i.e. from 1.10.2007 to 31.3.2008 and scrupulous adherence by him the terms and conditions pertaining thereto the arrangement as embodied in letter dated 28.9.2007, the impugned action of the Board is on th e face of the records arbitrary, unfair and unjust. The learned counsel points o ut that inspite of the letter dated 20.12.2007 the Board without any reservation has received the petitioner’s deposit towards the toll collections on 7.1.2008 . The petitioner has stated on oath that he is still operating the toll g ate. Upon hearing the learned counsel for the petitioner and on a considerati on of the pleaded facts supported by an affidavit as well as the documents appe nded to the petition, I am of the view that a prima facie case has been made out thus warranting immediate intervention in the interest of justice. It is theref ore, provided that, till the next date fixed, the petitioner shall be allowed to operate the Shillong Municipal toll gate at Lad Nongkrem. Further orders woul d be passed on the next date after hearing both sides.