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2025 DAILYLAW 14074 (GAU)

SAMEER KR. ROY v. THE STATE OF ASSAM AND 4 ORS

WP(C)/4332/2022 · 2025-01-19

Kardak Ete

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010126712022 2025:GAU-AS:459 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4332/2022 1. SAMEER KR. ROY S/O LATE S.N. ROAY, R/O BOGIDHOLA TEA ESTATE, P.O.-LETEKUJAN, P.S.- GOLAGHAT, DIST- GOLAGHAT, ASSAM. VERSUS 1. THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE COMMISSIONER OF PANCHAYAT AND RURAL DEVELOPMENT, ASSAM, PANJABARI, GUWAHATI 2:THE DEPUTY COMMISSIONER GOLAGHAT ASSAM 3:THE CHIEF EXECUITVE OFFICER OFFICE OF THE PANCHAYAT AND RURAL DEVELOPMENT DIST-GOLAGHAT 4:THE PROJECT DIRECTOR PMAY-G GOLAGHAT ASSAM 5:THE BLOCK DEVELOPMENT OFFICER MORONGI DEVELOPMENT BLOCK GOLAGHAT-785613 ASSAM Advocate for the Petitioner : MR. P K TIWARI, MR. S HAZARIKA Advocate for the Respondent : SC, P AND R.D., GA, ASSAM Page No.# 2/3 BEFORE HON’BLE MR. JUSTICE KARDAK ETE O R D E R Date : 20.01.2025. Heard Mr. B. Kaushik, learned counsel for the petitioner. Also heard Mr. S. Dutta, learned Standing Counsel for the P. & R.D. Department, appearing for respondent Nos.1 & 3 and Ms. S. Baruah, learned State Counsel for the respondent No.2. The challenge made in this writ petition is to the letter dated 20.05.2022, issued by the Commissioner, P. & R.D. Department to the Deputy Commissioners of all the Districts, whereby, it is inter alia directed that the construction of houses of PMAY-G beneficiaries in the Tea Garden areas are taken up urgently without taking the No Objection Certificate from the Tea Garden Authorities. The State authorities, by filing the affidavit has taken a stand that a notification dated 05.09.2022 has been issued, providing the Standard Operating Procedure (SOP) for construction of PMAY-G houses in the Tea Garden areas. It is stated at the Bar that in view of the said notification providing for SOP, the writ petition has become infructuous. Accordingly, the writ petition stands closed being infructuous. Needless to observe that the petitioner is at the liberty to challenge the notification dated 05.09.2022, providing the SOP, as may be permissible under Page No.# 3/3 the law. JUDGE Comparing Assistant