Page No.# 1/3 GAHC010275502024 2025:GAU-AS:2589 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3993/2023 PRADIP HAZARIKA S/O LATE BANESWAR HAZARIKA R/O CHATRIBARI BILPAR P.O.-REHABARI P.S.-PALTANBAZAR GUWAHATI-781008 DIST-KAMRUP METRO VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM HOUSING AND URBAN AFFAIRS DEPARTMENT DISPUR GUWAHATI-06 ASSAM 2:THE CHIEF EXECUTIVE OFFICER GUWAHATI METROPOLITAN DEVELOPMENT AUTHORITY BHANGAGARH GUWAHATI-781005 3:THE COMMISSIONER GAUHATI MUNICIPAL CORPORATION PANBAZAR GUWAHATI-781001 4:APURBA KUMAR HAZARIKA S/O LATE BANESWAR HAZARIKA R/O CHATRIBARI Page No.# 2/3 BILPAR P.O.-REHABARI P.S.-PALTANBAZAR GUWAHATI-781008 DIST- KAMRUP METRO 5:RANJIT KUMAR HAZARIKA S/O- LT. BANESWAR HAZARIKA R/O- CHATRIBARI BILPAR P.O.- REHABARI P.S.- PALTANBAZAR GUWAHATI- 781008 DIST.- KAMRUP (M). ------------ Advocate for : MR. D BARUAH Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 4 ORS BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY ORDER 11.03.2025 Heard Mr. K. R. Patgiri, learned counsel for the petitioner. Also heard Mr. P. Nayak, learned Standing Counsel, GMC & GMDA representing the respondents and Mr. S. Muktar, learned counsel for the respondent Nos. 4 and 5. The present writ petition is filed alleging inaction on the part of the respondent GMC. It is the case of the petitioner that though a notice dated 24.05.2023 under Section 337(1)(2) of the Guwahati Municipal Corporation Act, 1971 was issued to the respondent No. 4 to demolish the illegal construction (Annexure-11), however, the GMC is not taking any action on the basis of such notice. Mr. Nayak, learned Standing Counsel for the GMC & GMDA on the other Page No.# 3/3 hand submits that the GMC is duty bound to proceed as per paw and in terms of the Guwahati Municipal Act, 1971 and the Guwahati Building Construction (Regulation) Bye-Laws, 2014. According to Mr. Nayak, learned Standing Counsel, the Municipal authority has already issued notice and it will bring the procedure to its logical conclusion and they are not proceeding for the pendency of this writ petition. In view of the aforesaid, there should not be any grievance of the petitioner that the Guwahati Municipal Corporation is not acting on the notice dated 24.05.2023. Accordingly, this writ petition stands closed with a liberty to the Guwahati Municipal Corporation to bring the proceeding initiated by notice dated 24.05.2023 (Annexure-11) to its logical conclusion by following due procedure as prescribed under the Guwahati Municipal Act, 1971 and the Guwahati Building Construction (Regulation) Bye-Laws, 2014 framed thereunder. With the aforesaid, this writ petition stands disposed of. JUDGE Comparing Assistant