TAREK AKHTAR ANSARI AND 3 ORS. v. THE STATE OF ASSAM AND 8 ORS
PIL/79/2023 · 2025-04-09
N Unni Krishnan Nair
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 22537 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 22537 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/4 GAHC010283282023
2025:GAU-AS:4530-DB
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : PIL/79/2023 TAREK AKHTAR ANSARI AND 3 ORS. S/O- LATE GHULAM SAMDARI ANSARI, R/O- A.H. BUILDING, N.B. ROAD, TEZPUR, P.O. AND P.S. TEZPUR, DISTRICT- SONITPUR, ASSAM, PIN CODE 784001 2: NARAYAN BARMAN S/O- LATE GIRIDHAR BARMAN R/O- JONAKI PATH PUB PARBATI NAGAR P.O. AND P.S. TEZPUR DISTRICT- SONITPUR ASSAM PIN CODE- 784001 3: RAJIB BARUAH S/O- LATE BHAKTA BARUAH R/O- L.B. ROAD TEZPUR P.O. AND P.S. TEZPUR DISTRICT- SONITPUR ASSAM PIN CODE- 784001 4: BHUPEN BHUYAN S/O- LATE KANAK CHANDRA BHUYAN R/O- VILLGAE- BORGHAT P.O. KHALIAMARI P.S. TEZPUR DISTRICT- SONITPUR ASSAM PIN CODE 78402 VERSUS THE STATE OF ASSAM AND 8 ORS THROUGH- THE PRINCIPAL SECRETARY, TO THE GOVERNMENT OF ASSAM, URBAN DEVELOPMENT DEPARTMENT, DISPUR, GUWAHATI- 781006
Page No.# 2/4 2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM SECONDARY EDUCATION DEPARTMENT DISPUR GUWAHATI- 781006 3:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM ELEMENTARY EDUCATION DEPARTMENT DISPUR GUWAHATI- 781006 4:THE DIRECTOR OF MUNICIPAL ADMINISTRATION DISPUR GUWAHATI- 781006 5:THE DISTRICT COMMISSIONER SONITPUR TEZPUR DISTRICT- SONITPUR ASSAM PIN CODE 784001 6:THE INSPECTOR OF SCHOOLS SONITPUR TEZPUR DISTRICT SONITPUR ASSAM PIN CODE- 784001 7:THE CHAIRMAN TEZPUR MUNICIPAL BOARD TEZPUR DISTRICT SONITPUR ASSAM PIN CODE- 784001 8:THE EXECUTIVE OFFICER TEZPUR MUNICIPAL BOARD TEZPUR DISTRICT SONITPUR ASSAM PIN CODE- 784001 9:THE PRINCIPAL TEZPUR ACADEMY TEZPUR DISTRICT SONITPUR ASSAM PIN CODE- 78400 Advocate for the Petitioner : MD. I HUSSAIN, MR. ALOMGEER,MD. I HUSSAIN,H M S ELAHI Advocate for the Respondent : GA, ASSAM, SC, SEC. EDU.,SC, ELEM. EDU
Page No.# 3/4 BEFORE HONOURABLE THE CHIEF JUSTICE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER Date : 10.04.2025 (Vijay Bishnoi, CJ)
Heard Md. I. Hussain, learned counsel, appearing on behalf of the petitioners. Also heard Ms. R. B. Borah, learned Government Advocate, Assam, and Ms. K. Das, learned standing counsel, Department of School Education, appearing on behalf of their respective respondents. This PIL petition has been filed by the petitioners aggrieved by the action of the School Management and Development Committee of Tezpur Academy Higher Secondary School, whereby, temporary permission was granted to use the playground of the aforesaid school as a parking lot pursuant to a request made by the Chairman, Tezpur Municipal Board.
The said request was made by the authorities of Tezpur Municipal Board on 25.05.2023 and the Tezpur Academy Higher Secondary School had granted the permission for using the playground of the said school, as a parking lot, on
26.05.2023. This Court, vide order, dated 20.12.2023, has ordered that in the interim, the respondents are directed not to act in terms of any decisions that may have been taken in terms of the letter, dated 23.05.2023, meaning thereby the Court had restrained the respondents from using the playground of Tezpur Academy Higher Secondary School, as a parking lot. Page No.# 4/4 Today, Ms. Borah, learned Government Advocate, Assam, has produced a communication sent by the Chairman as well as the Executive Officer of the Tezpur Municipal Board, Tezpur, to the District Commissioner, Sonitpur, whereby, the request made by it to the Tezpur Academy Higher Secondary School for use of its playground, as a parking lot, has been revoked. The letter, dated 09.04.2025, is produced and taken on record. In view of the fact that the Tezpur Municipal Board has already revoked its letter seeking permission for use of the playground of Tezpur Academy Higher Secondary School as a parking lot; no further order is required to be passed in this PIL petition. In view of the above, the instant PIL stands disposed of. JUDGE CHIEF JUSTICE
Comparing Assistant