Page No.# 1/4 GAHC010261412024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3949/2024 THE CHAIRMAN DHUBRI-GAURIPUR DEVELOPMENT AUTHORITY (AN AUTONOMOUS BODY UNDER THE TOWN AND COUNTRY PLANNING ACT, 1959), DIST. DHUBRI, ASSAM, PIN- 783330. VERSUS HABIBAR MOLLAH, S/O- BILAT MOLLAH, VILL.- JHOGRARPAR PART-I, P.O. JHOGRAPAR, P.S. DHUBRI, DIST- DHUBRI, ASSAM, PIN- 7 Linked Case : WP(C)/534/2024 HABIBAR MOLLAH S/O- BILAT MOLLAH VILL.- JHOGRARPAR PART-I P.O. JHOGRAPAR P.S. DHUBRI DIST- DHUBRI ASSAM PIN- 783325. VERSUS THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM AND 11 ORS HOUSING AND URBAN AFFAIRS DEPARTMENT GOVT.OF ASSAM DISPUR GHY-781006. 2:THE DIRECTOR OF TOWN AND COUNTRY PLANNING DISPUR Page No.# 2/4 GUWAHATI-781006. 3:THE DISTRICT COMMISSIONER DHUBRI DIST. DHUBRI ASSAM PIN- 783330. 4:THE CIRCLE OFFICER DHUBRI REVENUE CIRCLE DIST. DHUBRI ASSAM PIN- 783330. 5:THE CHAIRMAN DHUBRI-GAURIPUR DEVELOPMENT AUTHORITY (AN AUTONOMOUS BODY UNDER THE TOWN AND COUNTRY PLANNING ACT 1959) DIST. DHUBRI ASSAM PIN- 783330. 6:THE SECRETARY JHOGRARPAR GAON PANCHAYAT VILL.- JHOGRARPAR P.O. JHOGRARPAR DIST. DHUBRI ASSAM PIN- 783325. For the applicant (s) : Mr. B. Haldar, Advocate For the respondent (s) : Mr. J. Abedin, Advocate BEFORE HON’BLE MR. JUSTICE DEVASHIS BARUAH O R D E R 08.01.2025 Heard Mr. B. Haldar, the learned counsel appearing on behalf of the applicant who is the respondent No.5 in the Page No.# 3/4 accompanying writ proceedings. Mr. J. Abedin appears on behalf of the writ petitioner. 2. This is an application filed seeking vacation, modification and alteration of the order dated 02.02.2024 passed in the accompanying writ petition. 3. It is relevant to take note of that vide the order dated 02.02.2024, this Court had suspended the notice dated 29.01.2024 till the returnable date. Thereupon, when the matter was listed again on 04.03.2024, this Court had extended the interim order for another two weeks and directed that the interim order passed earlier shall continue till then. The record further reveals that the matter was again listed on 20.12.2024. However, the interim order was not extended. In that view of the matter, the interim order dated 02.02.2024 is not in force. 4. This Court also finds it relevant to take note of that there has been nothing shown to that effect that the petitioner had any permission for construction of the building from the Dhubri Gauripur Development Authority inspite of the fact that the said area where the petitioner had raised the construction fell within the ambit of the Final Master Plan and Zoning Regulation for Dhubri which was notified on 29.04.2003. 5. As there is no interim order which is in existence as on date, Page No.# 4/4 the question of vacation, modification and alteration of the order dated 02.02.2024 further does not arise. 6. Additionally, this Court also observes that the petitioner had failed to make out a prima-facie case for grant of an extension to the interim order dated 02.02.2024 in the present facts. 7. Accordingly, the I.A. stands closed. JUDGE Comparing Assistant