Page No.# 1/3 GAHC010060082025 2025:GAU-AS:5102 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1652/2025 BIDYUT SAHA S/O LATE NARAYAN CHANDRA SAHA, R/O BARPETA ROAD, WARD NO.7, P.O., PS. AND DISTRICT- BARPETA, ASSAM, PIN 781315 VERSUS THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY, MUNICIPAL ADMINISTRATION DEPARTMENT, GOVERNMENT OF ASSAM, DISPUR GUWAHATI-6. 2:THE BARPETAA ROAD MUNICIPAL BOARD BARPETA ROAD BARPETA ASSAM REPRESENTED BY ITS CHAIRMAN PIN-781315 3:THE VICE CHAIRMAN BARPETA ROAD MUNICIPAL BOARD BARPETA ROAD BARPETA ASSAM PIN-781315 4:BIJAY KUMAR SAHA S/O LATE BASANTA KUMAR SAHA R/O BARPETA ROAD WARD NO. 7 P.O. P.S. AND DIST- BARPETA ASSAM PIN-78131 Page No.# 2/3 Advocate for the Petitioner : MR. M DUTTA, MS S DEV Advocate for the Respondent : GA, ASSAM, MS. M BHATTACHARJEE (R-2,3),MR. A K DAS (R- 4),MS. K L R YANTHAN(R-4),MR. S C BISWAS(R-4) BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA ORDER Date : 28-04-2025 Heard Mr. M Dutta, learned counsel for the petitioner. Also heard Ms. M Bhattacharjee, learned counsel for the Municipal Board; Ms. U Nanda, learned counsel for the respondent No. 4 as well as Mr. G Bokalial, learned counsel for the respondent No. 1. 2. The petitioner’s case is that the respondent No. 4 has made an illegal construction of a building in violation of the norms and permission given by the Municipal Board. Though the petitioner has lodged a complaint against the said construction before the Municipal Board, the Municipal Board has not taken any action or decision in pursuance to the complaint made by the petitioner. The petitioner’s counsel submits that the petitioner has obtained a copy of the building permission granted to the respondent No. 4 and the same shows that there has been violation of the New Unified Building Laws, which would be applicable to the construction being made by the respondent No. 4. 3. The petitioner’s counsel prays that a direction be issued to the respondent authorities, especially the Municipal Board, to examine the petitioner’s representation/complaint dated 21.01.2025 (Annexure-1) and take a decision within a specified time period. Page No.# 3/3 4. Ms. M Bhattacharjee, learned counsel for the Municipal Board and Ms. U Nanda, learned counsel for the respondent No. 4 submit that they have got no objection to the prayer made by the petitioner’s counsel. 5. In view of the consent of the parties, this writ petition is disposed of with a direction to the Municipal Board, especially the respondent Nos. 2 & 3, to examine the petitioner’s representation/complaint dated 21.01.2025 and take a decision on the same, within a period of 1 (one) month from the date of receipt of a certified copy of this order, along with a copy of the representation/complaint dated 21.01.2025. The decision taken by the respondent Nos. 2 & 3 should thereafter be intimated to the petitioner. 6. The writ petition is disposed of accordingly. JUDGE Comparing Assistant