Page No.# 1/4 GAHC010103022026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1736/2026 ASHOK KUMAR AGARWALA SON OF LATE GYANI RAM AGARWALLA, RESIDENT OF C/O M/S ARUNS, G.N.G. PATH, WARD NO. 12, SIVASAGAR, PIN - 785640, ASSAM, PRESENTLY RESIDING AT FLAT NO. 202, HAWELIA ENCLAVE, NEAR KUMAR NURSING HOME, KUMARPARA - GUWAHATI 781009 VERSUS THE DISTRICT DISASTER MANAGEMENT AUTHORITY SIVASAGAR, OFFICE OF THE DEPUTY COMMISSIONER SIVASAGAR, ASSAM. 2:THE DEPUTY COMMISSIONER SIVASAGAR AND CHAIRMAN OF THE DISTRICT DISASTER MANAGEMENT AUTHORITY SIVASAGAR AT SIVASAGAR 3:ADDITIONAL DEPUTY COMMISSLONER AND CEO DISTRICT DISASTER MANAGEMENT AUTHORITY SIVASAGAR OFFICE OF DEPUTY COMMISSIONER SIVASAGAR 4:SIVASAGAR MUNICIPAL BOARD SIVASAGAR REPRESENTED BY ITS CHAIRMAN SIVASAGAR 785697 5:THE EXECUTIVE OFFICER SIVASAGAR MUNICIPAL BOARD SIVASAGAR. 6:THE EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT (BUILDING) SIVASAGAR ASSAM. Page No.# 2/4 7:THE ASSISTANT EXECUTIVE ENGINEER PWD AMGURI AND SIVSAGAR TERRITORIAL BUILDING SUB DIVISION SIVASAGAR 8:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY REVENUE AND DISASTER DEPARTMENT DISPUR GUWAHATI -781006 Advocate for the Petitioner : MR. R DUBEY, MS N B KAYASTHA,MS. A B KAYASTHA,MR. A N I HUSSAIN Advocate for the Respondent : GA, ASSAM, SC, PWD,SC, SIVASAGAR MUNICIPAL BOARD BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER Date : 26-05-2026 Heard Mr. R. Dubey, learned counsel for the applicant-petitioner; Ms. M. Barman, learned Junior Government Advocate, Assam for the opposite party- respondent nos. 2 & 3; Mr. A. Baruah, learned counsel for the opposite party- respondent no. 4; Ms. M. Das, learned Standing Counsel, PWD for the opposite party-respondent nos. 5 & 6; Ms. G. Hazarika, learned Standing Counsel, Revenue Department for the opposite party-respondent no. 8. 2. The instant application is filed by the applicant-petitioner seeking withdrawal of the connected writ petition, W.P.[C] no. 6752/2024 with liberty to file afresh, if so advised. 3. The applicant as the writ petitioner has preferred the connected writ Page No.# 3/4 petition, W.P.[C] no. 6752/2024 assailing an Order dated 06.11.2023 passed by the opposite party-respondent no. 2 for demolition of the building of the applicant-petitioner on the ground that the same was damaged due to fire. The said decision was purportedly based on a report of the Public Works Department, which was not provided to the applicant-petitioner. There was an earlier round of litigation in the form of W.P.[C] no. 5065/2023 wherein an Order dated 20.06.2023 passed by the opposite party-respondent no. 3 for demolition of the building of the applicant-petitioner was assailed. By an Order dated 31.08.2023 in W.P.[C] no. 5065/2023, the Order dated 20.06.2023 was interfered with, with a direction to the opposite party-respondent no. 2 to take a fresh decision in the matter by considering the report submitted by the applicant-petitioner obtained from an accredited agency, suggesting that the building was in a position of repairing. The Order dated 06.11.2023 is impugned in the connected writ petition, on the ground that the same was passed without a proper assessment of the report submitted by the applicant-petitioner from the accredited agency and the Order dated 06.11.2023 is bereft of any reasoning. 4. The petitioner has now averred that he is not in a position to take a decision on the building as he is not sure whether he has to carry out its construction completely anew or to strengthen the existing building and there is a possibility of delay in initialization of his business operation therefrom. It is in such backdrop, the applicant-petitioner by this instant application has sought to withdraw the connected writ petition as with elapse of time, the existing structure might be further weakened, which may ultimately lead to demolition of the same and construction of a new structure. Page No.# 4/4 5. In the instant application, the petitioner has averred that he wants to withdraw the connected writ petition with the liberty to approach again in case there is delay by the respondent authorities in demolition of the existing structure and/or delay in granting permission for a fresh construction. 6. The prayer in the instant application has been made in the following manner :- In the aforesaid premises the humble applicant/petitioner above named most respectfully begs to pray before Your Lordships to allow the petitioner to withdraw W.P.[C] no. 6752/2024 pending before the Hon’ble Court with a liberty to approach afresh in case there is delay by the concerned authorities in demolition of existing structure and/or delay in granting permission for fresh construction and/or pass such order/orders as Your Lordship may deem fit and proper. 7. The learned counsel appearing for the opposite party-respondents have submitted that having no objection of the instant application is allowed in terms of the above prayer. Having regard to the application and the prayer made, as quoted above, the instant application is allowed. JUDGE Comparing Assistant