Citation : 2025 Latest Caselaw 1612 Gua
Judgement Date : 30 July, 2025
Page No.# 1/3
GAHC010243212017
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/6813/2017
DR. BISHNU PRASAD DAS
S/O- LATE BHOLANATH DAS, R/O- KUMARPARA, HOUSE NO.1, NARAYAN
NAGAR, KANAKLATA PATH, GHY- 09, DIST- KAMRUPM, ASSAM
VERSUS
THE STATE OF ASSAM and 7 ORS.
REP. BY THE CHIEF SECRETARY TO THE GOVT OF ASSAM, DISPUR,
GUWAHATI- 06
2:THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM
URBAN DEVELOPMENT DEPARTMENT
DISPUR
GUWAHATI- 06
3:THE GUWAHATI MUNICIPAL CORPORATION
PANBAZAR
REP. BY ITS COMMISSIONER
PANBAZAR
GUWAHATI- 01
4:MEMBER
MAYOR- IN-COUNCILAPPEAL
GUWAHATI MUNICIPAL CORPORATION
PANBAZAR
GUWAHATI- 781031
5:THE DEPUTY COMMISSIONER
KAMRUP M DIST
GUWAHATI- 781001
6:THE DEPUTY COMMISSIONER OF POLICE TRAFFIC
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GUWAHATI CITY
KAMRUPM
ASSAM
7:HARYANA CHARITABLE TRUST
HARYANA BHAWAN
NARAYAN NAGAR
GUWAHATI- 781009
KAMRUPM
ASSAM
8:NARAYAN NAGAR SAMITI
REP. BY ITS PRESIDENT/SECRETARY
NARAYAN NAGAR
KUMARPARA
GUWAHAT
Advocate for the Petitioner : MS.D BURAGOHAIN, MR.R KALITA,MR.R SALOI,MRS.J M
KONWAR
Advocate for the Respondent : GA, ASSAM, SC, GMC
BEFORE
HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
ORDER
30-07-2025 Ms. S. Jain, learned counsel for the petitioner. Also heard Shri S. Bora, learned Standing Counsel, GMC and Shri B. J. Talukdar, learned Addl. Senior Govt. Advocate for the official respondents.
The writ petition has been instituted by the petitioner, who is a resident of Kumarpara in Ward No. 18 of GMC and in the vicinity, there is a marriage-cum- function hall in the name and style of Haryana Bhawan. It is the case of the petitioner that in PIL/73/2013, a judgment and order was passed by this Court on 26.09.2014 laying down certain guidelines for running of such Bibah Bhawans. The petitioner was also aggrieved that such guidelines were not being followed in letter and spirit. This Court vide order dated 10.11.2017 while Page No.# 3/3
issuing notice had directed the police and the GMC authorities to ensures scrupulous adherence to the directions passed by this Court in PIL/73/2013. There is no modification/vacation of the interim order and in the meantime, almost 8 years have passed.
Shri Bora, the learned Standing Counsel, GMC has submitted that all the function halls in Guwahati can run only by following the guidelines laid down. Considering the above, the writ petition is allowed by making the interim order dated 10.11.2017 absolute.
In other words, it is clarified that the respondent no. 7 would run the function hall in question, strictly by following the Rules pertaining to such function halls.
JUDGE
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