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MANISH CHOUDHURY
by The Way – Appellant
Versus
State of Assam, Represented By the Principal Secretary to the Government of Assam, Guwahati Development Department – Respondent
JUDGMENT :
The writ petition has been instituted under Article 226 of the Constitution of India to assail a notice bearing no. GPL/UC/81/882/2023/412 dated 17.11.2023 issued under the hand of the respondent no. 3.
2. I have heard Mr. S. Sharma, learned counsel for the petitioners and Mr. S. Bora, learned Standing Counsel, GDD & GMC for all the respondents.
3. In order to appreciate the nature of challenge, the contents of the said notice dated 17. 11.2023 are extracted hereinbelow in its entirety :-
BHANGAGARH - GUWAHATI-781001
GPL/UC/81/882/2023/412 Dated : 17.11.2023
To,
Vintage Cafe & Restaurant
Damayanti Mansion Housing Society
Guwahati – 781001
Whereas, you have carried out erection of an R.C.C. building without adequate setback area in Vintage Cafe & Restaurant at Damayanti Mansion Housing Society, Guwahati.
A notice asking for documents was served vide letter no. GPL/UC/81/882/2023/412 dated 17.11.2023 in the name of Vintage Cafe & Restaurant. But in response to the notice, Vivek Agarwal, owner of the restaurant has submitted a reply on
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