Page No.# 1/10 GAHC010056442024 2026:GAU-AS:10221 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1647/2024 AIRPLAZA RETAIL HOLDINGS PRIVATE LTD A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT 1956, HAVING ITS REGISTERED AND CORPORATE OFFICE AT PLOT NO. 1.84, FIFTH FLOOR, PLATINUM TOWER, UDYOG VIHAR, PHASE I, GURUGRAM HARYANA, PIN - 122016, INDIA AND HAVING ITS RETAIL SHOWROOM AT VISHAL MEGA MART, (GROUND, 1ST, 2ND AND 3RD FLOOR), AMAZE SHOPPING MALL, A.T. ROAD, OPPOSITE PAN BAZAR FLYOVER, DIST. - KAMRUP (M), GUWAHATI, ASSAM, PIN- 781001 AND REPRESENTED BY ITS AUTHORISED REPRESENTATIVE SRI PRANJIT DEKA, SON OF SRI PARESH DEKA, AGED ABOUT 32 YEARS, RESIDENT OF HARIMITHA AMTOL, NEAR SIVA MANDIR, MALIGAON RAILWAY HEAD QUARTERS, MALIGAON, P.O. DEVKOTA NAGAR, DIST. - KAMRUP (M), ASSAM, PIN -781001 AND WORKING AS STORE MANAGER AT THE AFORESAID RETAIL STORE, THAT IS, VISHAL MEGA MART, GUWAHATI, ASSAM- 781001. VERSUS THE STATE OF ASSAM AND 28 ORS REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM, GUWAHATI DEVELOPMENT Page No.# 2/10 DEPARTMENT, DISPUR, GUWAHATI - 781006. 2:THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM GUWAHATI DEVELOPMENT DEPARTMENT DISPUR GUWAHATI - 781006. 3:GUWAHATI MUNICIPAL CORPORATION REPRESENTED COMMISSIONER BY THE 2ND FLOOR STATFED BUILDING GMCH ROAD BHANGAGARH GUWAHATI - 781005 KAMRUP (M) ASSAM. 4:THE COMMISSIONER GUWAHATI MUNICIPAL CORPORATION 2ND FLOOR STATFED BUILDING GMCH ROAD BHANGAGARH GUWAHATI - 781005 KAMRUP (M) ASSAM. 5:SMTI. BABITA BARJATYA WIFE OF SHRI AJIT BARJTYA Page No.# 3/10 RESIDENT OF KEDAR ROAD IN THE DISTRICT OF KAMRUP (M) GUWAHATI- 781001 ASSAM. 6:SHRI KAMAL GOEL SON OF SHRI SURESH KUMAR GOEL RESIDENT OF 303 AMAZA SHOPPING MALL A.T. ROAD IN THE DISTRICT OF KAMRUP (M) GUWAHATI- 781001 ASSAM. 7:SHRI DEVESH SARAOGI S/O BIRENDRA KR. SARAOGI RESIDENT OF SARAOGI SADAN JAIL ROAD IN THE DISTRICT OF KAMRUP (M) GUWAHATI- 781001 ASSAM. 8:SHRI. NARENDRA KUMAR SARAOGI SON OF LATE SH. CHAND SARAOGI RESIDENT OF SARAOGI SADAN JAIL ROAD IN THE DISTRICT OF KAMRUP (M) GUWAHATI- 781001 ASSAM. 9:SHRI. PAWAN KUMAR GANGWAL SON OF AMAR CHAND GANGWAL RESIDENT OF JAIN GALI Page No.# 4/10 KEDAR ROAD IN THE DISTRICT OF KAMRUP (M) GUWAHATI- 781001 ASSAM. 10:SHRI SURESH KUMAR GOEL SON OF LATE NARANG RAI GOEL RESIDENT OF 303 AMAZA SHOPPING MALL A.T. ROAD IN THE DISTRICT OF KAMRUP (M) GUWAHATI- 781001 ASSAM. 11:M/S SUMANT DOERAH AND SONS THROUGH ITS KARTA - MR. SUMANT DEORAH RESIDENT OF SHANTI BHAWAN 3RD FLOOR COL. J. ALI ROAD IN THE DISTRICT OF KAMRUP (M) GUWAHATI- 781001 ASSAM. 12:SHRI. AJIT BARJATYA SON OF PRABHU DAYAL BARJATYA RESIDENT OF KEDAR ROAD IN THE DISTRICT OF KAMRUP (M) GUWAHATI- 781001 ASSAM. 13:SHRI. ASHISH BARJATYA SON OF AJIT BARJATYA RESIDENT OF KEDAR ROAD Page No.# 5/10 IN THE DISTRICT OF KAMRUP (M) GUWAHATI- 781001 ASSAM 14:SMTI. BULBUL JAIN WIFE OF LATE SUBHASH KR. JAIN RESIDENT OF KEDAR ROAD IN THE DISTRICT OF KAMRUP (M) GUWAHATI- 781001 ASSAM. 15:SMTI. RAJNI GOEL WIFE OF SURESH KR. GOEL RESIDENT OF 303 AMAZE SHOPPING MALL IN THE DISTRICT OF KAMRUP (M) GUWAHATI- 781001 ASSAM. 16:SMTI RENU DEORAH WIFE OF SUMANT DEORAH RESIDENT OF SHANTI BHAWAN IN THE DISTRICT OF KAMRUP (M) GUWAHATI- 78100 1 ASSAM. 17:SMTI. BINA DEVI SARAOGI WIFE OF BIRENDRA KR. SARAOGI RESIDENT OF SARAOGI SADAN JAIL ROAD IN THE DISTRICT OF KAMRUP (M) GUWAHATI- 781001 Page No.# 6/10 ASSAM. 18:SMTI. REENA GANGWAL WIFE OF PAWAN KR. GANGWAL RESIDENT OF JAIN GALI KEDAR ROAD IN THE DISTRICT OF KAMRUP (M) GUWAHATI- 781001 ASSAM. 19:M/S PAWAN KUMAR GANGWAL AND ORS. (HUF) REPRESENTED BY PAWAN KUMAR GANGWAL RESIDENT OF JAIN GALI KEDAR ROAD IN THE DISTRICT OF KAMRUP (M) GUWAHATI- 781001 ASSAM. 20:M/S AJIT KUMAR BHARJATYA AND SONS (HUF) REPRESENTED BY AJIT BHARJATYA RESIDENT OF KEDAR ROAD IN THE DISTRICT OF KAMRUP (M) GUWAHATI- 781001 ASSAM. 21:SHRI. BIRENDRA KUMAR SARAOGI SON OF LATE SH. CHAND SARAOGI RESIDENT OF SARAOGI SARAN JAIL ROAD IN THE DISTRICT OF KAMRUP (M) GUWAHATI- 781001 ASSAM 22:SHRI. SAHIL JAIN Page No.# 7/10 SON OF LATE SUBASH KR. JAIN RESIDENT OF KEDAR ROAD IN THE DISTRICT OF KAMRUP (M) GUWAHATI- 781001 ASSAM. 23:SHRI. SAKET JAIN SON OF LATE SUBASH KR. JAIN RESIDENT OF KEDAR ROAD IN THE DISTRICT OF KAMRUP (M) GUWAHATI- 781001 ASSAM. 24:M/S SUBHASH KR. GANGWAL (HUF) REPRESENTED THROUGH ITS KARTA MR. SAHIL JAIN RESIDENT OF KEDAR ROAD IN THE DISTRICT OF KAMRUP (M) GUWAHATI- 781001 ASSAM. 25:M/S SURESH KR. GOYAL AND SONS (HUF) THROUGH ITS KARTA MR. SURESH GOYAL RESIDENT OF KEDAR ROAD IN THE DISTRICT OF KAMRUP (M) GUWAHATI- 781001 ASSAM. 26:SHRI SUMANT DOERAH SON OF PRABHUDAYAL DEORAH RESIDENT OF SHANTI BHAWAN 3RD FLOOR COL. J. ALL ROAD Page No.# 8/10 IN THE DISTRICT OF KAMRUP (M) GUWAHATI 781001 ASSAM. 27:SHRI. GAJENDRA LUNAWAT SON OF PARASMAL LUNAWAT RESIDENT OF 301 AMAZE SHOPPING MALL IN THE DISTRICT OF KAMRUP (M) GUWAHATI- 781001 ASSAM. 28:MR. MAHAVEER CHAND LUNAWAT AND SONS REPRESENTED BY KARTA MAHAVEER CHAND LUNAWAT RESIDENT OF 301 AMAZE SHOPPING MALL IN THE DISTRICT OF KAMRUP (M) GUWAHATI- 781001 ASSAM. 29:SMTI. VINITA JAIN WIFE OF JITENDRA KR. LUNAWAT RESIDENT OF 301 AMAZE SHOPPING MALL IN THE DISTRICT OF KAMRUPM ASSAM GUWAHATI 0 For the Petitioner(s) : Mr. R. B. Phookan, Sr. Advocate : Ms. D. Das, Advocate For the Respondent(s) : Mr. S. Bora, SC, GMC : Mr. R. Sharma, Advocate Page No.# 9/10 BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 24.07.2026 Heard Mr. R. B. Phookan, the learned Senior counsel assisted by Ms. D. Das, the learned counsel appearing on behalf of the Petitioner and Mr. S. Bora, the learned Standing counsel appearing on behalf of the GMC. I have also heard Mr. R. Sharma, the learned counsel appearing on behalf of the Proforma Respondent Nos. 5 to 29. 2. The learned Senior counsel for the Petitioner submitted that he has been instructed to inform this Court that the shutter which was demolished by the GMC Authorities was not constructed by the Petitioner. He however submitted that while demolishing the shutter, there were certain RCC structures which were also demolished thereby it has become difficult on the part of the Petitioner to carry on the business. It is the opinion of this Court that the dispute therefore lies between the Petitioner and the Private Respondents and under such circumstances, the public law remedy herein cannot be invoked. 3. In that view of the matter, this Court is not inclined to entertain the instant writ petition for which the writ petition stands dismissed. Page No.# 10/10 4. Before parting with the records, this Court makes it clear that the dismissal of the instant writ petition shall not prejudice or preclude the Petitioner to avail remedies before the appropriate forum, if so advised. JUDGE Comparing Assistant