Page No.# 1/4 GAHC010028042026 2026:GAU-AS:2449 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/867/2026 MONDEEP HAZARIKA S/O- PRADIP HAZARIKA, R/O- FLAT NO-E/10, RHS OF ASSAM STATE HOUSING BOARD AT MALIGAON, GUWAHAT-11, P.O- MALIGAON,P.S- MALIGAON, DIST- KAMRUP(M), ASSAM AND PERMANENT RESIDENT OF VILLAGE- MANKATTA TAPOR GAON, P.O- C.R BUILDING, DIST- DIBRUGARH, PIN-786003 VERSUS THE ASSAM STATE HOUSING BOARD AND ANR REPRESENTED BY ITS CHAIRMAN R.G BARUAH ROAD,GUWAHATI- 781005, ASSAM 2:THE COMMISSIONER ASSAM STATE HOUSING BOARD R.G BARUAH ROAD GUWAHATI-781005 ASSA For the Petitioner(s) : Mr. S. K. Singha, Advocate For the Respondent(s) : Mr. T. R. Gogoi, Advocate Page No.# 2/4 BEFORE HON’BLE MR. JUSTICE DEVASHIS BARUAH O R D E R 18.02.2026 Heard Mr. S. K. Singha, the learned counsel appearing on behalf of the petitioner. Mr. T. R. Gogoi, the learned counsel appears on behalf of the respondent Nos.1 & 2. 2. The present writ petition is filed by the petitioner assailing the order dated 02.02.2026 by which the petitioner was issued a notice to vacate the premises by the Assam State Housing Board. 3. This Court has duly perused the materials on record. From a perusal of the materials on record, it is seen that by an office order dated 26.02.2016, the petitioner was allotted an L.I.G. Flat No.10 under the Rental Housing Scheme at Maligaon for residential purposes only subject to payment of rent at the rate of Rs.1,815/- per month with effect from the date of occupation of the Flat. It is further seen that upon inspection being carried out in the said Flat, it was found that the petitioner had sublet the Flat to some other persons. In addition to that, the petitioner had also not paid rent to the tune of Rs. 13,207/- w.e.f. July, 2025. 4. It is under such circumstances that a notice was issued on Page No.# 3/4 29.12.2025 to the petitioner to show cause within 15 days from the date of receipt of the notice as to why the order of eviction should not be passed against him. The petitioner submitted a reply on 12.01.2026 wherein it was mentioned that though the petitioner is not residing in the said Flat, his own sister, Rimi Hazarika, and her cousin, Suporna Bhowmick, are staying in the Flat. It was also mentioned that as the petitioner is a businessman by profession and his wife is a practicing Advocate, both reside at Dibrugarh. In so far as the allegation pertaining to non-payment of the rental dues is concerned, the petitioner admitted the same. 5. It is further seen that, taking into account the above, the petitioner was issued another show cause notice on 17.01.2026 to show cause as to why the petitioner should not be evicted from the premises on the ground that the petitioner admittedly does not reside in the said Flat. The petitioner replied on 22.01.2026. The said reply was not found satisfactory and accordingly a notice was issued on 02.02.2026. 6. This Court has perused the materials on record and heard the learned counsel appearing on behalf of the parties. 7. The materials on record clearly show that the petitioner is not residing in the Flat in question. It further appears that the Page No.# 4/4 petitioner has also defaulted in making payment of the rent. In addition to that, the petitioner has allowed some other persons to reside without the permission of respondent Nos. 1 & 2. 8. Accordingly, this Court does not find any ground for entertaining the instant writ petition, for which the writ petition stands dismissed. JUDGE Comparing Assistant