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2025 Supreme(Gau) 1596

THE GAUHATI HIGH COURT, (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
SANJAY KUMAR MEDHI
Pramod Kumar Sharma, S/o- Late Shiv Bhagwan Sharma – Appellant
Versus
Guwahati Municipal Corporation, Represented By The Commissioner – Respondent


Advocates Appeared:
For the Petitioner: Mr G.N. Sahewalla, Ms. H. Talukdar, Mr J. Chopra, Mr. V.K. Chopra
For the Respondent: SC, GMC, Mr D. Choudhury , Mr M. Choudhury, Mr P.J. Das.

Judgment :

SANJAY KUMAR MEDHI, J.

The approach to this Court by invoking the writ jurisdiction under Article 226 of the Constitution of India has been made challenging an order dated 15.07.2024 issued by the respondent no. 2 under Section 337(3) of the GUWAHATI MUNICIPAL CORPORATION ACT , 1971.

2. It is the case of the petitioner that though the impugned notice was issued in the name of the respondent no. 4, on the basis of the said notice, the tenanted premises of the petitioner has been partly demolished and there is an apprehension of further demolition of the other parts.

3. The reliefs prayed for in this petition are extracted hereinbelow:

“It is, therefore, prayed that Your Lordships may be pleased to issue a Rule calling upon the respondents no. 1 to 3 to show cause as to why the impugned Order dated 15/07/2024 issued the respondent no 2, on the basis of which the tenanted premises of the petitioner was partly demolished, should not be quashed.

And why the petitioner shall not be compensated for the loss incurred to him due to illegal and arbitrary demolition of the premises of the petitioner wherein his articles of business were destroyed and the petitioner is suffering from loss

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