Page No.# 1/4 GAHC010269812024 2025:GAU-AS:474 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6760/2024 M/S HILL VIEW AND ANR A PROPRIETOR FIRM SITUATED AT FLAT NO. A8A, IDEAL HILL VIEW VIP ROAD, PATHARQUARY, GUWAHATI KAMRUP M ASSAM 781171 REPRESENTED BY ITS SOLE PROPRIETOR SMTI SHEEMA BARUAH, 2: SMTI SHEEMA BARUAH W/O SRI AJIT KUMAR BARUAH PROPRIETOR OF M/S HILL VIEW RESIDENT OF TALTOLA KALITAKUCHI ARMY CANTONMENT NARENGI PO SATGAON GUWAHATI KAMRUP M ASSA VERSUS THE STATE OF ASSAM AND 6 ORS REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM, HOME AND POLITICAL DEPARTMENT, DISPUR KAMRUP M ASSAM 781006 2:THE DISTRICT COMMISSIONER KAMRUP M CUM DISTRICT MAGISTRATE KAMRUP M ASSAM 3:TEH DIRECTOR GENERAL OF POLICE ASSAM POLICE HEADQUARTER ULUBARI GUWAHATI KAMRUP M ASSAM 4:THE COMMISSIONER OF POLICE KAMRUP M ASSAM 781001 5:THE DEPUTY COMMISSIONER OF POLICE (INTELLIGENCE) Page No.# 2/4 GUWAHATI KAMRUP M ASSAM 6:THE SECTION IN CHARGE SARAIS REGISTRATION CELL S AND I BRANCH GUWAHATI KAMRUP M ASSAM 781001 7:THE OFFICER IN CHARGE NOONMATI POLICE STATION NOONMATI GUWAHATI KAMRUP M ASSAM 78102 Advocate for the Petitioner : MR P BHARDWAJ, MR. D J KAPIL,MR. A R GOGOI,MR M C KAKOTI Advocate for the Respondent : GA, ASSAM, BEFORE HON’BLE MR. JUSTICE LANUSUNGKUM JAMIR O R D E R 20.01.2025 Heard Mr. D.J. Bora, learned counsel for the petitioner. Also heard Mr. D. Nath, learned Senior Government Advocate, Assam appearing on behalf of all the respondents. 2. It is the case of the petitioners that the petitioner No.1 is a Proprietorship Firm of the petitioner No.2 and the petitioner No.1 is in the business of running a bed and breakfast establishment in a Flat owned by him being Flat No.A-8A in the Ideal Hill View Apartment, Patharquary, Guwahati . The petitioner is aggrieved by the Notice dated 21.11.2024 issued by the Deputy Commissioner of Police (Intelligence), by which the petitioner No.2 was directed to submit No Objection Certificate from the residents of Ideal Hill View Apartment Welfare Society for processing the application made by the petitioner for registration of the petitioners Sarai, namely, Hill View Bed and Breakfast Guest House, located at Patharquary Tiniali, Guwahati. Page No.# 3/4 3. This Court while issuing notice on 20.12.2024, directed the respondents, particularly the respondent Nos. 4 and 5 to consider the application for registration submitted by the petitioner within 10(ten) days from the date of issuance of the notice on the basis of the certificate of good character of the petitioner as per Section 6 of the Sarai Act, 1867 and without insisting on the No Objection Certificate from the residents of the Ideal Hill View Apartment. 4. Today, when the matter is called up, Mr. D. Nath, learned Senior Government Advocate has placed before this Court the Registration Certificate dated 30.12.2024 issued by the Deputy Commissioner of Police (Intelligence), Guwahati, Assam. It is also submitted by Mr. D. Nath, learned Senior Government Advocate, Assam that the respondents did not insist on the No Objection Certificate as demanded by them in the Notice dated 21.11.2024 and thereafter the application made by the petitioner for registration was considered and accordingly, the Hill View Bed and Breakfast Guest House, located at Flat No.A-8A, 8th Floor, Block-A, Ideal Hill View Apartment, Patharquary Tiniali, Guwahati has been registered. 5. The Registration Certificate furnished before this Court by the learned Senior Government Advocate is re-produced herein below:- “GOVERNMENT OF ASSAM OFFICE OF THE COMMISSIONER OF POLICE GUWAHATI::: ASSAM Memo No. CP/INT/SARAI/11/509 Dated 30.12.2024. REGISTRATION CERTIFICATE This is to certify that HILL VIEW BED & BREAKFAST, located at Flat No.8A, 8th Floor, Block A, Ideal Hill View Apartment, Patharquary Tiniali under jurisdiction of P.S: Noonmati, owned by SHEEMA BARUAH, is hereby registered as per provision of Section 3 of The SARAI Act, 1867 with effect from 30/12/2024. This registration is valid up to 29/12/2025 with the following conditions: 1) As per Sec. 3 of the Act, the owner or keeper of a Sarai shall report in writing to the Officer in Charge of the jurisdictional Police Station the detail particulars of every person/guest/border who resorted to such Sarai during the preceding day or night. 2) As per provisions laid down under section 7 of Foreigners Act, 1946, the owner or Page No.# 4/4 keeper of a Sarai shall submit the details of any Foreigners staying in the Sarai to the Dy. Commissioner of Police (Intelligence) in Form-C in the IVFRT Portal without any delay. 3) The owners or keepers of the Sarai shall maintain identity particulars of all guests. 4) The Sarai shall not be allowed to be used for any illegal activities. Registration Number :- R/509/2024. -Sd- 30/12/24 Dy. Commissioner of Police (Intelligence), Guwahati, Assam” 6. Considering the above, this Court is of the considered opinion that the matter has now become infructuous. 7. Accordingly, the writ petition is disposed as infructuous. 8. The instructions received by the learned Senior Government Advocate, Assam as well as the Registration Certificate dated 30.12.2024 is kept on record. JUDGE Comparing Assistant