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2021 Supreme(Gau) 572

PRASANTA KUMAR DEKA
Paritosh Das – Appellant
Versus
State of Assam – Respondent


Advocates:
Advocate Appeared:
For the Appellant : A.J. Ghosh
For the Respondents: GA

ORDER :

Prasanta Kumar Deka, J.

1. Heard Mr. S. Chauhan, learned counsel for the petitioner. Also heard Mr. B Goswami, learned Additional Advocate General for the respondent Nos. 1, 2, 5, 6 and 7, Ms. N Saikia, learned counsel for respondent No. 8 and Ms. K. Phukan, the learned State Counsel for the respondent Nos. 3 and 9.

2. This writ petition is against the order dated 18.05.2017 passed by the Commissioner, Guwahati Municipal Corporation, (GMC) in a representation submitted by the petitioner on 07.01.2017 before the Additional Chief Secretary to the Government of Assam, Guwahati Development Department which was subsequently forwarded to the Commissioner, Guwahati Municipal Corporation for necessary action. The private respondent No. 8 on 12.07.2016 made a specific complaint to the Commissioner, GMC that the petitioner had undertaken unauthorized construction over a plot of land covered by Dag No. 717, KP Patta No. 160 under village - Bormotoria in Beltola Mouza. On the basis of the said complaint, notice was issued to the petitioner directing him to produce the NOC and the approved plans in respect of the alleged unauthorized construction. Though the petitioner took time initially

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