Disposed

Sunil Kumar Ram and Anr. v. the State of Assam and 4 Ors.

Gauhati HC14 Nov 2022WP(C)/5449/2022

Case brief

AI extract

What is this about?

In a public interest petition, the Gauhati High Court directed respondent authorities to examine statutory representations regarding septic tank construction under a petitioner's bedroom and take a decision after hearing all parties within one month.

What did the court decide?

Direction to respondent No.2 & 3 to examine representations, afford hearing, and take decision within one month.

Sunil Kumar Ram and Anr. Vs the State of… — Civil Procedure and Limitation | Gauhati HC (2022)

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Page No.# 1/3

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GAHC010163752022

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : WP(C)/5449/2022

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SUNIL KUMAR RAM AND ANR S/O. SRI BISWANATH RAM,

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2: SMT. RUBI KUMARI W/O. SRI SUNIL KUMAR RAM BOTH ARE RESIDENTS OF FLAT NO.B-102W NIGAJI ENCLAVE NIGAJI PAM PATH AMBIKAGIRI NAGAR GUWAHATI-781024 DIST. KAMRUP (M) ASSAM

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VERSUS

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THE STATE OF ASSAM AND 4 ORS

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TO BE REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, URBAN DEVELOPMENT DEPTT., DISPUR, GUWAHATI-06, PIN-781006.

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2:GUWAHATI MUNICIPAL CORPORATION

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TO BE REP. BY ITS COMMISSIONER GUWAHATI MUNICIPAL CORPORATION PANBAZAR GUWAHATI-781001 DIST. KAMRUP (M) ASSAM.

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3:THE COMMISSIONER

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GUWAHATI MUNICIPAL CORPORATION PANBAZAR GUWAHATI-781001 DIST. KAMRUP (M)

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ASSAM.

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4:THE GUWAHATI METROPOLITAN DEVELOPMENT AUTHORITY TO BE REP. BY THE CHIEF EXECUTIVE OFFICER GUWAHATI METROPOLITAN DEVELOPMENT AUTHORITY GUWAHATI BHANGAGARH GUWAHATI-781005 DIST. KAMRUP (M) ASSAM. 5:HIMANGSHU SHEKHAR BAISHYA S/O. SRI A. BAISHYA R/O. FLAT NO. F-201 NIGAJI ENCLAVE NIGAJI PAM PATH AMBIKAGIRI NAGAR GUWAHATI-781024 DIST. KAMRUP (M) ASSAM

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Advocate for the Petitioner : MR. M K SARMA

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Advocate for the Respondent : SC, GMC

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BEFORE

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HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

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ORDER

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14.11.2022

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Heard Mr. M.K. Sarma, learned counsel for the petitioners. Also heard Mr.

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S. Bora, learned Standing Counsel for the GMC and GMDA.

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The petitioners grievance is that the respondent No. 5 has built a septic

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tank under the bedroom of the petitioners, who are staying in the 1^st floor. The petitioners counsel submits that despite the petitioners having submitted representations dated 03.06.2022 and 08.06.2022 to the respondent No. 2, no

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action has been taken by the respondent Nos. 2 & 3 till date. He accordingly submits that a direction should be issued to the respondent Nos. 2 & 3 to take a decision on the petitioners representation and to act accordingly.

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Mr. S. Bora, learned Standing counsel for the GMC and GMDA submits that he has no objection to the prayer made by the petitioners counsel.

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In view of the consent of the counsels for the parties, the respondent Nos. 2 & 3 are directed to examine the petitioners representations dated 03.06.2022 & 08.06.2022 and take a decision on the same, after giving an opportunity of hearing to the petitioners and the respondent No. 5. The same should be done within a period of 1 (one) month from the date of receipt of a certified copy of this Order.

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The writ petition is accordingly disposed of.

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JUDGE

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Comparing Assistant

Sunil Kumar Ram and Anr. v. the State of Assam and 4 Ors.

Case brief

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Sunil Kumar Ram and Anr. v. the State of Assam and 4 Ors.

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