SMT GEETIKA BARMAN v. THE PATHSALA MUNICIPAL BOARD AND ORS
WP(C)/2599/2025 · 2025-06-03
Arun Dev Choudhury
Writ Petition (Civil)body2025
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[ 2025 DAILYLAW 12317 (GAU) · dailylaw.ai ]
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[ 2025 DAILYLAW 12317 (GAU) · dailylaw.ai ]
Judgment text
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Page No.# 1/3 GAHC010101102025
2025:GAU-AS:7290
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2599/2025 SMT GEETIKA BARMAN W/O DEVEN CH BARMAN RESIDENT OF PATHSALA TOWN, WARD NO-1, MAUZA - SARIHA, P O- PATHSALA, DIST- BAJALI, ASSAM, PIN-781325 VERSUS THE PATHSALA MUNICIPAL BOARD AND ORS REPRESENTED BY ITS CHAIRMAN, PATHSALA, BAJALI PIN-781325 2:THE EXECUTIVE OFFICER PATHSALA MUNICIPAL BOARD PATHSALA BAJALI PIN-781325 3:THE DEPUTY DIRECTOR TOWN AND COUNTRY PLANNING DISTRICT OFFICE BARPETA 4:SRI SANJIB CHOUDHURY S/O LT LABANYA CHOUDHURY TOWN - PATHSALA MAUZA - SARIKA P O- AND P S - PATHSALA DIST- BAJALI ASSAM PIN-781325 5:SRI AMARJYOTI DAS TOWN - PATHSALA MAUZA - SARIKA P O- AND P S-PATHSALA DIST- BAJALI ASSAM
Page No.# 2/3 PIN-78132 Advocate for the Petitioner : MS. S B CHOUDHURY, MR A N AHMED Advocate for the Respondent : GA, ASSAM,
BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY ORDER 04.06.2025
1. Heard Ms. S. B. Choudhury, learned counsel for the petitioner.
2. The present writ petition under Article 226 of the Constitution of India is filed challenging two notices dated 25.03.2025 and 19.04.2025 issued by the Chairperson, Pathsala Municipal Board, Pathsala, Bajali, whereby the petitioner has been asked to stop construction of his R.C.C. building alleging certain violation inasmuch as such proceeding was initiated on the basis of the complaint lodged by the private respondents.
3. The learned counsel for the petitioner submits that the petitioner may be allowed to file show cause reply before the competent authority. The learned counsel for the petitioner further prays that this Court may direct the competent authority to determine the issues raised in the show cause notice reply of the petitioner within a specific time frame.
4. Considering the nature of prayer, this writ petition stands closed permitting the petitioner to file necessary reply to the show cause notice before the Pathsala Municipal Board, Pathsala, Bajali within a period of 10 (ten) days from today. In the event, such show cause reply is filed, the Pathsala Municipal Board, Pathsala, Bajali, shall proceed with the matter in accordance with law by giving due
Page No.# 3/3 opportunity of hearing to both the petitioner and the private respondents and thereafter, the matter may be decided as per law within a period of four weeks by passing a speaking order.
5. With the aforesaid, this writ petition stands disposed of. JUDGE Comparing Assistant