Page No.# 1/3 GAHC010027672017 2025:GAU-AS:241 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3683/2017 NABAM JOYCY D/O SHRI NABAM TANA R/O MILAN NAGAR P.O. and P.S. AZARA DIST. KAMRUP VERSUS THE STATE OF ASSAM and 2 ORS. REP. BY THE COMMISISONER AND SECRETARY, PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT, DISPUR, GUWAHATI-6. 2:THE KAHIKUCHI GAON PANCHAYAT KAHIKUCHI P.O. AZARA GUWAHATI-15 3:THE CIRCLE OFFICER AZARA CIRCLE DIST. KAMRU For the Petitioner(s) : Mr. S.R. Rabha, Advocate For the Respondent(s) : Ms. J. Bora, SC, P&RD Mr. G. Bokalial, Govt. Advocate BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Page No.# 2/3 Date : 08.01.2025 Heard Mr. S.R. Rabha, the learned counsel appearing on behalf of the petitioner. Ms. J. Bora, the learned Standing Counsel appears on behalf of the P&RD Department and Mr. G. Bokolial, the learned Government Advocate appears on behalf of the respondent No. 3. 2. The petitioner herein has approached this Court by filing the instant writ petition challenging the order dated 02.05.2017 whereby the President of the respondent No. 2 had terminated the No Objection Certificate on the ground that the petitioner did not have a commercial permission of the building as well as the petitioner also did not have the NOC’s from the Fire Safety Department and the Electricity Department. It has been submitted by the learned counsel appearing on behalf of the petitioner that the said action was taken by the respondent No. 2 without following the principles of Natural Justice inasmuch as there was no show cause notice issued to the petitioner. 3. It is further seen from the records that the respondents have not filed their affidavit in spite of various opportunities being granted. 4. Taking into account the stand so taken by the petitioner to the effect that the impugned order was passed which has civil consequences without following the principles of Natural Justice, it is the opinion of this Court that the impugned order dated 02.05.2017 is required to be interfered with. Accordingly, the instant writ petition stands disposed of with the following observations and directions: (i) The impugned order dated 02.05.2017 issued by the President of the respondent No. 2 is set aside and Page No.# 3/3 quashed. (ii) The setting aside and quashing of the impugned order dated 02.05.2017 shall not preclude the respondent No. 2 to initiate such action, but in doing so shall follow the principles of Natural Justice. JUDGE Comparing Assistant