Page No.# 1/4 GAHC010273822025 2025:GAU-AS:17494 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/7095/2025 SHRI KAILASH BORUAH SON OF SHRI. NOMAL CHANDRA BORUAH,RESIDENT OF LIG FLAT NO. C/203,CHANDMARI HOUSING COLONY,CHANDMARI, GUWAHATI,POST OFFICE-SILPUKHURI,POLICE STATION-CHANDMARI,DISTRICT -KAMRUPM, ASSAM,PIN-781003 VERSUS THE STATE OF ASSAM AND 2 ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, HOUSING URBAN AFFAIRS DEPARTMENT GUWAHATI, ASSAMPIN-781006 2:THE ASSAM STATE HOUSING BOARD ADDRESS R.G. BARUAH ROAD RAJDHANI NURSERY GUWAHATI ASSAM 781005 REPRESENTED BY ITS CHAIRMAN 3:THE COMMISSIONER ASSAM STATE HOUSING BOARD ADDRESS R.G. BARUAH ROAD RAJDHANI NURSERY GUWAHATI ASSAM 78100 Advocate for the Petitioner : MR. T DEURI, MS. L WANGSA,U BHARADWAJ,MS A DAS,MRS. R S DEURI Advocate for the Respondent : GA, ASSAM, Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE KARDAK ETE ORDER Date : 17-12-2025 Heard Mr. T. Deuri, learned counsel for the petitioner. Also heard Mr. S. R. Baruah, learned State Counsel for the respondent No. 1 and Mr. T. R. Gogoi, learned Standing Counsel, Assam State Housing Board, for the respondent Nos. 2 & 3. 2. By filing this application, the petitioner, who claims to be residing with his family consisting of his wife, two minor children and his ailing parents, has prayed for a direction to the respondent Assam State Housing Board to consider his case for allotment of a bigger flat, being Flat No. MIG2=1, consisting of two bedrooms, located at Chandmari Housing Colony, Chandmari, Guwahati. 3. Considering the limited prayer and the nature of the issue involved in this writ petition and as agreed to by the learned counsels for the parties, the writ petition is disposed of at the motion stage itself. 4. The petitioner has been allotted a residential LIG Flat No. C/203 at Chandmari Housing Colony, under the Rental Housing Scheme (RHS), consisting of one bedroom, which is not sufficient for his family, causing extreme hardship to the family members, including his ailing parents. Therefore, it is the contention of the petitioner that the authority in the Assam State Housing Board may allot a bigger flat consisting of at least two bedrooms in the housing colony. The petitioner has approached the Page No.# 3/4 Assam State Housing Board by filing a representation for consideration of his case for allotment of a bigger flat, as there are sufficient bigger flats available. However, the same has not been considered as on date. 5. Mr. T. Deuri, learned counsel for the petitioner, fairly submits that the petitioner may not have any indefeasible right to claim for a bigger flat in the said housing colony; however, considering the plight of the petitioner, the respondents may be directed to consider his case for allotment of a bigger flat consisting of at least two bedrooms, sympathetically. 6. Mr. S. R. Baruah, learned State Counsel for respondent No. 1 and Mr. T. R. Gogoi, learned Standing Counsel, Assam State Housing Board, for the respondents, have also fairly submitted that the authority may be directed to consider the case of the petitioner, if at all possible, for accommodation, although the petitioner has no right or entitlement for allotment of such bigger flat. 7. Having considered the limited prayer of the learned counsel for the petitioner for consideration of the case of the petitioner and as agreed to by the learned counsels for the respondents only for such consideration, I deem it appropriate to dispose of this writ petition with a direction to respondent Nos. 2 and 3 to consider the case of the petitioner for allotment of a bigger flat. 8. Accordingly, this writ petition is disposed of with a direction to respondent Nos. 2 & 3, namely, the Assam State Housing Board, Guwahati and the Commissioner, Assam State Housing Board, Guwahati, to consider the case of the petitioner for allotment of a bigger flat within a period of 2 (two) months from today, in accordance with the applicable rules and Page No.# 4/4 guidelines. It is made clear that this direction shall not be construed as a mandamus for allotment of a bigger flat, as the petitioner does not appear to have any indefeasible right to such allotment. 9. The writ petition stands disposed of, in terms above. JUDGE Comparing Assistant