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2026 DAILYLAW 3834 (GAU)

CHANDRA DHAR KALITA v. THE STATE OF ASSAM ANDORS

WP(C)/1571/2026 · 2026-03-31

Devashis Baruah

Writ Petition (Civil)body2026

Judgment text

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Page No.# 1/4 GAHC010055262026 2026:GAU-AS:4809 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1571/2026 CHANDRA DHAR KALITA S/O LATE LALIT CHANDRA KALITA, RESIDENT OF VILLAGE HUDUMPUR, PALASHBARI, PO AND PS PALASHBARI, DIST.KAMRUP ASSAM 2: SRI BARODA KALITA S/O LATE LALIT CHANDRA KALITA RESIDENT OF VILLAGE HUDUMPUR PALASHBARI PO ANDPS PALASHBARI DIST KAMRUP ASSAM 78112 VERSUS THE STATE OF ASSAM ANDORS REP. BY ITS SECRETARY, MUNICIPAL ADMINISTRATION DEPARTMENT, DISPUR GUWAHATI 781006 2:THE GUWAHATI METROPOLITAN DEVELOPMENT AUTHORITY REP. BY THE CHIEF EXECUTIVE OFFICE STATEFED BUILDING BHANGAGARH GUWAHATI DIST. KMARUP M ASSAM 781005 3:THE SECRETARY GUWAHATI METROPOLITAN DEVELOPMENT AUTHORITY BHANGAGARH GUWAHATI DIST. KMARUP M ASSAM 781005 4:JAKIR HUSSAIN Page No.# 2/4 RESIDENT OF DHARAPUR PO DHARAPUR PS AZARA GUWAHATI DIST. KAMRUP M ASSAM 781017 5:RASIDA BEGUM RESIDENT OF DHARAPUR PO DHARAPUR PS AZARA GUWAHATI DIST. KAMRUP M ASSAM 781017 6:BIMAL BAISHYA RESIDENT OF DHARAPUR PO DHARAPUR PS AZARA GUWAHATI DIST. KAMRUP M ASSAM 781017 7:KRISHNA BAISHYA RESIDENT OF DHARAPUR PO DHARAPUR PS AZARA GUWAHATI DIST. KAMRUP M ASSAM 78101 For the Petitioner(s) : Mr. H. Mazumder, Advocate For the Respondent(s) : Ms. M. Barman, Govt. Advocate Mr. S. Borah, SC, GMDA BEFORE HON’BLE MR. JUSTICE DEVASHIS BARUAH O R D E R 01.04.2026 Heard Mr. H. Mazumder, the learned counsel appearing on behalf of the petitioner. Ms. M. Barman, the learned counsel appears on behalf of the Respondent No.1 and Mr. S. Borah, the Page No.# 3/4 learned counsel appears on behalf of the Respondent Nos.2 & 3. 2. The petitioner herein is aggrieved by the inaction on the part of the Respondent Nos.2 & 3 in taking effective steps pursuant to the order dated 19.11.2025 as well as the order dated 02.03.2026 issued by the Chief Executive Officer of the Guwahati Metropolitan Development Authority (GMDA). 3. Upon the matter being taken up, Mr. S. Borah, the learned counsel appearing on behalf of the GMDA submitted that the GMDA have not taken any steps at present on account of the Assam State Legislative Elections, 2026 as well as the implementation of the Model Code of Conduct. He further submitted that after the Model Code of Conduct is over, steps would be taken by the GMDA. In that regard, he has placed before this Court an instruction dated 31.03.2026 issued by the Chief Executive Officer of the GMDA. The same is kept on record and marked with the letter “X”. 4. Taking into account that the GMDA would be taking steps for carrying out the demolition in terms with the order dated 19.11.2025 as well as the demolition order dated 02.03.2026 and the statement so made by the learned Standing Counsel of the GMDA, this Court does not find the present case as a fit case for issuance of notice at this stage. Page No.# 4/4 5. Accordingly, this Court closes the instant writ petition. 6. It is, however, observed that in the circumstance, no action is taken by the GMDA pursuant to the Model Code of Conduct is over, the petitioner would be at liberty to again approach this Court, if so advised. JUDGE Comparing Assistant