SMTI ULUPI THAKURIA AND ANR v. THE STATE OF ASSAM AND 3 ORS
WP(C)/4306/2025 · 2025-07-31
Sanjay Kumar Medhi
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 16674 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 16674 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010165322025
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4306/2025 SMTI ULUPI THAKURIA AND ANR W/O- LATE MUKUNDA THAKURIA, R/O- HOUSE NO. 18, MANDAKINI PATH, KALYANPUR, NO. 1 JAPORIGOG, P.S. DISPUR, GUWAHATI, DIST. KAMRUP METRO, PIN- 781006. 2: MONOJ KUMAR THAKURIA S/O- LATE MUKUNDA THAKURIA R/O- HOUSE NO. 18 MANDAKINI PATH KALYANPUR NO. 1 JAPORIGOG P.S. DISPUR GUWAHATI DIST. KAMRUP METRO PIN- 781006 VERSUS THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, GENERAL ADMINISTRATION DEPARTMENT, DISPUR, GUWAHATI-781006. 2:THE GUWAHATI MUNICIPAL CORPORATION GUWAHATI REPRESENTED BY ITS COMMISSIONER. 3:THE COMMISSIONER GUWAHATI MUNICIPAL CORPORATION GUWAHATI BHANGAGARH GUWAHATI-781005. 4:SMTI URMILA DAS CHOUDHURY
Page No.# 2/3 W/O- TUSHAR CHOUDHURY D/O- MAYA DAS R/O- HOUSE NO. 3 BYE LANE NO. 4 RGBS ROAD BARSAPARA GUWAHATI PIN- 781018 DIST. KAMRUP(M) ASSA Advocate for the Petitioner : MR. I CHOUDHURY, MR. P KALITA,R L CHUTIA Advocate for the Respondent : GA, ASSAM, SC, GMC
BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI ORDER 01-08-2025 Heard Shri I. Choudhury, learned counsel for the petitioners. The grievance of the petitioners is the apprehended demolition or sealing of the houses of the petitioners by the GMC. It is the case of the petitioners that a show cause notice was issued to them on 10.06.2025 against which the petitioners had preferred an appeal which has not been looked into. On the other hand, both Shri S. Bora, learned Standing Counsel, GMC as well as Shri N. Goswami, learned State Counsel have contended that the writ petition is pre mature inasmuch as instead of showing cause to the show cause notice, the appeal has been preferred. They submit that there is no cause of action to be aggrieved as no order was passed by the primary authority issuing the show cause notice. It clearly appears that the cause of action has not ripened to enable the petitioners to approach this Court. At this stage, Shri Chouhdury, the learned counsel for the petitioners has
Page No.# 3/3 submitted that a time was prescribed for submitting the show cause which has expired and some protection may be granted to him.
Considering the facts and circumstances, the writ petition is closed by giving liberty to the petitioners to file their show cause reply within a period of 7 (seven) days from today and in the event of such submission, the same be considered by the appropriate authority, as per its own merits. It is made clear that any and further action by the authorities are to be taken only after disposal of the show cause proceedings. Since a period of 7 days from today has been granted to the petitioners to file reply, no coercive action be taken during this period of 7 days. Writ petition stands disposed of. JUDGE Comparing Assistant