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2023 Supreme(Gau) 17

KALYAN RAI SURANA
Barua and Company Pvt. Ltd. – Appellant
Versus
State Of Assam And Represented By The Commissioner And Secretary – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. K.N. Choudhury, Senior Advocate, Mr. N. Deka, Advocate
For the Respondent:Mr. D. Saikia, Advocate General, Ms. P. Baruah, Advocate

JUDGMENT :

Heard Mr. K.N. Choudhury, the learned senior counsel, assisted by Mr. N. Deka, learned counsel for the petitioner and Mr. D. Saikia, learned Advocate General for the State, assisted by Ms. P. Baruah, learned counsel for the respondents.

2. By filing this writ petition under Article 226 of the Constitution of India, the petitioner company has prayed for setting aside and quashing of notice issued by the Director, Fire and Emergency Services, Assam (respondent no. 2) under Memo No. F&ES/FPW/GH-283/876/22 dated 18.11.2022 (Annexure-XV). By the said notice, the respondent no. 2, by invoking Rule 7 of the Fire Service Rules, 1989 (hereinafter referred to as “1989 Rules” for brevity), directed the petitioner to remove forthwith persons in possession or occupation of its building and to vacate the premises by 25.11.2022, failing which the petitioner was informed that the said authority in exercise of power conferred under Rule 7 and 13 of the said 1989 Rules would take legal measures for removal of persons in possession/ occupation of the premises/ building by the name of M/s. Landmark Hotel.

3. As the learned senior counsel for the petitioner and the learned Advocate General had

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