ASSAM JATIYA BIDYALAY v. THE STATE OF ASSAM AND 3 ORS
WP(C)/2942/2025 · 2025-06-05
Arun Dev Choudhury
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 12458 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 12458 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010102982025
2025:GAU-AS:7424
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2942/2025 ASSAM JATIYA BIDYALAY MANIRAM DEWAN ROAD, NOONMATI, P.O. AND P.S. NOONMATI, GUWAHATI 781020, DIST.KAMRUP(M), ASSAM. REPRESENTED BY SHRI DILIP KUMAR DUTTA CHOUDHURY, PRESIDENT/TREASURER, ASSAM JATIYA BIDYALAY MANAGEMENT COMMITTEE. VERSUS THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE PRINCIPAL SECY. POWER (ELECTRICITY) DEPTT., GOVT. OF ASSAM, D BLOCK, 1ST FLOOR, ASSAM SECRETARIAT, DISPUR, GUWAHATI, ASSAM 781006 2:THE CHIEF INSPECTOR OF LIFTS ESCALAORS GOVT. OF ASSAM 1ST FLOOR WEST END BLOCK HOUSEFED COMPLEX DR. B.N. SAIKIA ROAD LAST GATE DISPUR GUWAHATI PIN 781006 3:THE CHIEF ELECTRICAL INSPECTOR CUM ADVISER ASSAM (I/C) INSPECTOR OF ELECTRICITY POWER (ELECTRICITY) DEPTT. 1ST FLOOR WEST END BLOCK
Page No.# 2/3 HOUSEFED COMPLEX DISPUR GUWAHATI PIN 781006 4:GUWAHATI METROPOLITAN DEVELOPMENT AUTHORITY (GMDA) REPRESENTED BY CHIEF EXECUTIVE OFFICER GUWAHATI METROPOLITAN DEVELOPMENT AUTHORITY 3RD FLOOR. STATFED BUILDING G.M.C.H. ROAD BHANGAGARH GUWAHATI 78100 Advocate for the Petitioner : MR. B DEKA, S AZIZ,MS P BARUAH Advocate for the Respondent : GA, ASSAM, SC, G M D A
BEFORE HON’BLE MR. JUSTICE ARUN DEV CHOUDHURY ORDER 06-06-2025
1. Heard Mr. B. Deka, learned counsel for the petitioner and Ms. M. Barman, learned Junior Government Advocate, Assam for the respondent. 2. The petitioner school is aggrieved by the action of the respondent authorities in not permitting for installation and license for functioning of one passenger lift at the school premises for the benefit of the students. 3. In the backdrop of such prayer, this Court had sought for instruction from the authorities. 4. Ms. Barman, learned Junior Government Advocate, Assam, has produced before the Court, a copy of instruction, which goes to show that according to the Chief Inspector of Lifts and Escalators, Assam, the petitioner school has not filed any application stated to have been filed by it on 28.12.2024. It is the contention that in the event of filing of an application for permission to install the passenger lift at the premises of the petitioner school, the same can be entertained and the permission would be
Page No.# 3/3 granted, if such application form is filed in the EoDB portal with the relevant documents as per Annexure-A, (Annexed to the aforesaid instruction) excluding NOC and approved drawing for construction of the school building from the GMDA, for the time being, on humanitarian ground.
It is further disclosed that after obtaining lift installation permission from the office of the Chief Electrical Inspector-cum-Adviser, the petitioner school can proceed to lift installation/erection works in its premises and after completing all the execution works of the lift, the petitioner school can apply for lift operating license in the EoDB portal with the relevant documents, as per Annexure-B (Annexed to the aforesaid instruction). 5. In view of the aforesaid, Mr. Deka, learned counsel for the petitioner submits that at this stage, no grievance survives in the present petition. 6. Accordingly, this writ petition stands closed permitting the petitioner school to abide by the instruction that has been received and to proceed accordingly. In the event, if such application is filed by the petitioner school, the same shall be considered by the authorities as indicated in their aforesaid instruction. 7. Copies of the aforesaid instruction along with Annexures-A & B annexed thereto, be kept on record, furnishing a copy of the same to the learned counsel for the petitioner school. 8. With the aforesaid observation and direction, this writ petition stands disposed of. JUDGE
Comparing Assistant