Page No.# 1/4 GAHC010004912025 2026:GAU-AS:15110 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/162/2025 MD. ABDUL HAMID S/O LATE HUZURUDDIN HAMID @ HUZURDDIN AHMED, R/O SADILAPUR, ADARSHA NAGAR, WARD NO. 1, P.O.-GARIGAON, P.S.-JALUKBARI, DIST- KAMRUP (M), ASSAM-781012 VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, URBAN DEVELOPMENT DEPARTMENT, DISPUR, GUWAHATI- 781006 2:THE COMMISSIONER GUWAHATI MUNICIPAL CORPORATION GUWAHATI-781001 3:ASSISTANT TOWN PLANNER GUWAHATI MUNICIPAL CORPORATION PLANNING BRANCH GUWAHATI-781001 4:THE PRESIDENT/SECRETARY ADARSHA NAGAR UNNAYAN SAMITY PANDU SADILAPUR GUWAHATI-781012 5:HUKUM SHAN ALI BOXI COUNCILOR WARD NO. 1 GMC S/O LATE LAL JANDHI SHEIKH BOXI Page No.# 2/4 R/O GARIGAON PHOLANPARA P.O.-GARIGAON P.S.-JALUKBARI DIST- KAMRUP (M) ASSAM-78101 For the Petitioner(s) : Mr. K. Singha, Advocate For the Respondent(s) : Mr. S. Bora, Standing Counsel Mr. S.I. Akand, Advocate BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 07.10.2026 Heard Mr. K. Singha, the learned counsel for the petitioner. Mr. S. Bora, the learned Standing Counsel appears on behalf of the GMC and Mr. S.I. Akand, the learned counsel appears on behalf of the respondent No. 4. 2. The present writ petition has been filed by the petitioner assailing a notice dated 24.12.2024 whereby the petitioner was asked to show cause as to why the GMC authorities should not proceed under Sections 337(3) and 337(A)(1) of the GMC Act, 1971 to demolish/seal the unauthorized construction as mentioned in Schedule A to the said notice. It is seen that pursuance thereto, the petitioner has submitted a reply on 30.12.2024. Page No.# 3/4 3. Surprisingly, the petitioner has approached this Court by filing the instant writ petition without awaiting the decision in the said show cause proceedings. 4. From the materials on record, it is apparent that the Commissioner, GMC has the jurisdiction under the GMC Act, 1971 to issue the show cause notice. 5. Under such circumstances, as the Commissioner, GMC has the jurisdiction to issue the said show cause notice, the question of entertaining the instant writ petition at this stage against the show cause proceedings would not be in the interest of justice. 6. Be that as it may, it is also relevant to take note of that the petitioner has submitted a detailed reply providing various factual aspects, for which this Court is of the opinion that the petitioner should be granted an opportunity of hearing before any decision is taken. 7. Considering the above, the instant writ petition stands disposed of with the following observations and directions: (i) This Court is not entertaining the instant writ petition challenging the notice dated 24.12.2024 inasmuch as the Commissioner, GMC has the jurisdiction to initiate proceedings against any illegal construction. (ii) The question whether there is any illegal construction Page No.# 4/4 or not can be decided by the Commissioner, GMC upon hearing the petitioner and as such, an opportunity of personal hearing should be granted to the petitioner prior to taking any decision in pursuance of the notice dated 24.12.2024. (iii) This Court further directs that in the circumstance any decision is taken by the Commissioner, GMC after hearing the petitioner, the petitioner would be at liberty to avail the remedies available under the GMC Act, 1971 as well as before this Court, if permissible under law. (iv) Interim order, if any, stands vacated. JUDGE Comparing Assistant