Page No.# 1/5 GAHC010001402021 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/63/2021 ON THE DEATH OF SRI MADAN LAL AGARWAL, HIS LEGAL HEIRS NAMELY 1.1) SMTI UMA DEVI AGARWAL, AGED ABOUT 71 YEARS, WIFE OF LATE MADAN LAL AGARWAL, R/O GAURISHAKAR BUILDING, G.N.B. ROAD, P.O. , P.S. AND DIST. TINSUKIA, ASSAM, PIN 786125. 1.2: SRI MOHIT AGARWAL SON OF LATE MADAN LAL AGARWAL R/O GAURISHAKAR BUILDING G.N.B. ROAD P.O. P.S. AND DIST. TINSUKIA ASSAM PIN 786125. 1.3: SRI SAURABH AGARWAL SON OF LATE MADAN LAL AGARWAL R/O GAURISHAKAR BUILDING G.N.B. ROAD P.O. P.S. AND DIST. TINSUKIA ASSAM PIN 786125. 1.4: SMTI RITU KEJRIWAL DAUGHTER OF LATE MADAN LAL AGARWAL RESIDENT OF C/O MEHUL ASSOCIATES (INDIA) RZ-84 MAIN DABRI PALAM ROAD OPPOSITE MCD COMMUNITY HALL NEW DELHI-110045. Page No.# 2/5 1.5: SMTI RASHMI GARODIA DAUGHTER OF LATE MADAN LAL AGARWAL WIFE OF SANDEEP GARODIA RESIDENT OF C/O GARODIA INDUSTRIES TOKRI GOLA MAKUM ROAD TINSUKIA P.O P.S AND DISTRICT- TINSUKIA ASSAM PIN-786125. 1.6: SMTI RAKHI AGARWAL DAUGHTER OF LATE MADAN LAL AGARWAL WIFE OF RAMESH AGARWAL RESIDENT OF VIVEKANANDA COLONY LAKHOTIA TOWER 2ND FLOOR LILUAH HOWRAH-711204. 1.7: SMTI MEHAK AGARWAL DAUGHTER OF LATE MADAN LAL AGARWAL WIFE OF ASHISH AGARWAL RESIDENT OF C/O VISHAL TRADE LINKS HOUSE NO. 97 2ND FLOOR NEAR DGP OFFICE DR. B.K. KAKOTI ROAD ULUBARI GUWAHATI-781007 VERSUS THE STATE OF ASSAM AND 5 ORS REPRESENTED BY ITS SECY. TO THE GOVT. OF ASSAM, TOWN AND COUNTRY PLANNING DEPTT., DISPUR, GUWAHATI 781006 2:THE DIRECTOR MUNICIPAL ADMINISTRATION ASSAM DISPUR GUWAHATI 781006 3:THE CHAIRMAN TINSUKIA DEVELOPMENT AUTHORITY P.O. Page No.# 3/5 P.S. AND DIST. TINSUKIA ASSAM PIN 786125 4:THE EXECUTIVE OFFICER TINSUKIA MUNICIPAL BOARD P.O. P.S. AND DIST. TINSUKIA ASSAM PIN 786125 5:PAHNI BHUSAN SHARMA S/O LATE LALIT CHANDRA SHARMA R/O CHALIHA NAGAR C/O CHITRAKUT GAS AGENCY R.K. MARKET DEBI PUKHURI ROAD TINSUKIA TOWN P.O. P.S. AND DIST. TINSUKIA ASSAM PIN 786125 6:MADAN MOHAN SHARMA S/O LATE LALIT CHANDRA SHARMA R/O CHALIHA NAGAR C/O CHITRAKUT GAS AGENCY R.K. MARKET DEBI PUKHURI ROAD TINSUKIA TOWN P.O. P.S. AND DIST. TINSUKIA ASSAM PIN 78612 For the Petitioner(s) : Mr. B. Dutta, Sr. Advocate : Mr. S. Deka, Advocate For the Respondent(s) : Mr. K. Gogoi, Government Advocate : Mr. S. S. Roy, Standing Counsel : Mr. B. Baruah, Advocate Page No.# 4/5 BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 20.02.2026 Heard Mr. B. Dutta, the learned Senior counsel assisted by Mr. S. Deka, the learned counsel appearing on behalf of the Petitioner and Mr. K. Gogoi, the learned Government Advocate appearing on behalf of the Respondent Nos. 1 and 2. I have also heard Mr. S. S. Roy, the learned Standing Counsel appearing on behalf of the Respondent Nos. 3 and 4 and Mr. B. Baruah, the learned counsel appearing on behalf of the Respondent Nos. 5 and 6. 2. Mr. B. Dutta, the learned Senior counsel on instructions submitted that the Petitioner would be well advised to withdraw the instant writ petition with a liberty to approach the Tinsukia Municipal Board against various violations committed by the Respondent Nos. 5 and 6 in going ahead with the constructions. 3. Taking into account the above, the instant writ petition stands closed on withdrawal. 4. It is however observed that the withdrawal of the instant writ petition shall not preclude or prejudice the Petitioner to approach the Tinsukia Municipal Board to file a representation, if so advised. Page No.# 5/5 5. Interim order passed if any stands vacated. JUDGE Comparing Assistant