Gauhati High Court
I.A.(Civil)/3031/2026 of DR RAGHUBANSH MANI UPADHYAYA Vs THE STATE OF ASSAM AND ORS on 7 September 2026
GAHC010183722026 2026:GAU-AS:13044 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3031/2026 DR RAGHUBANSH MANI UPADHYAYA SON OF SRI RAM GIRISH UPADHYAYA, RESIDENT OF GOKUL RESIDENCY, H. NO. 30, U.N. BRAHMA PATH, NEAR RUPNAGAR
GAHC010183722026
2026:GAU-AS:13044
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/3031/2026
DR RAGHUBANSH MANI UPADHYAYA
SON OF SRI RAM GIRISH UPADHYAYA, RESIDENT OF GOKUL RESIDENCY,
H. NO. 30, U.N. BRAHMA PATH, NEAR RUPNAGAR VIDHYAPITH HIGH
SCHOOL, RUPNAGAR, GUWAHATI 781032, DISTRICT KAMRUP METRO, ASSAM.
VERSUS
THE STATE OF ASSAM AND ORS
REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM, DEPARTMENT OF HOUSING AND URBAN AFFAIRS, DISPUR, GUWAHATI -
781006.
2:THE GUWAHATI METROPOLITAN DEVELOPMENT AUTHORITY GMDA
REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER
BHANGAGARH
GUWAHATI 781005
3:THE GUWAHATI MUNICIPAL CORPORATION GMC
REPRESENTED BY ITS COMMISSIONER
NEAR GANESH MANDIR
DISPUR
4:SHRI BADAL DEY
SON OF UNKNOWN
RESIDENT OF HOUSE NO. 19
GANESHPALLY
LALGANESH
Page No.# 2/5
ODALBAKRA
GUWAHATI 781034
DISTRICT KAMRUP METRO
ASSAM.
5:RAJ BUILDER
REPRESENTED BY ITS BUILDER/PROPRIETOR RAJU SAHA
HAVING ITS SITE OFFICE AT CONTIGUOUS EASTERN PLOT OF LAND TO
DAG NO. 521
VILLAGE NO. 2
ODALBAKRA
GUWAHATI- 781034
DISTRICT KAMRUP METRO
ASSAM
Advocate for the Petitioner : MR. B K SEN, P SINGH,F. SHAHIN,N HASAN,MR A HUSSAIN
Advocate for the Respondent : GA, ASSAM, SC, GMC
Linked Case : WP(C)/3867/2026
RAGHUBANSH MANI UPADHYAYA
SON OF SRI RAM GIRISH UPADHYAYA
RESIDENT OF GOKUL RESIDENCY
H/NO. 30
U.N. BRAHMA PATH
NEAR RUPNAGAR VIDHYAPITH HIGH SCHOOL
RUPNAGAR
GUWAHATI - 781032
DISTRICT- KAMRUP METRO
ASSAM.
VERSUS
THE STATE OF ASSAM AND 4 ORS
REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF
ASSAM
DEPARTMENT OF HOUSING AND URBAN AFFAIRS
DISPUR
2:THE GUWAHATI METROPOLITAN DEVELOPMENT AUTHORITY (GMDA)
REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER
BHANGAGARH
GUWAHATI - 781005.
3:THE GUWAHATI MUNICIPAL CORPORATION (GMC)
REPRESENTED BY ITS COMMISSIONER
NEAR GANESH MANDIR
DISPUR
GUWAHATI - 781006.
4:BADAL DEY
RESIDENT OF HOUSE NO.19
GANESHPALLY
LALGANESH
ODALBAKRA
POLICE STATION- ODALBAKRA OUT POST
GUWAHATI - 781034.
5:RAJ BUILDER
REPRESENTED BY ITS BUILDER/ PROPRIETOR RAJU SAHA
HAVING ITS SITE OFFICE AT CONTIGUOUS EASTERN PLOT OF LAND TO
DAG NO. 521
VILLAGE- NO. 2
ODALBAKRA
P.S. DISPUR
GUWAHATI - 781034
DISTRICT- KAMRUP METRO
ASSAM
------------
Advocate for : MR. B K SEN
Advocate for : GA
ASSAM appearing for THE STATE OF ASSAM AND 4 ORS
BEFORE
HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY
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ORDER
08.09.2026
1. Heard Mr. B. K. Sen, learned counsel for the petitioner. Also heard Ms. N. Hazarika, learned counsel on behalf of Mr. P. Nayak, learned Additional Advocate General, Assam/ Standing Counsel, GMDA & GMC for the respondent
Nos. 2 and 3.
2. The present application is filed for modification/correction in the order dated 19.08.2026 passed in WP(C) No. 3867/2026.
3. The background fact for seeking of such correction is that the petitioner by filing the connected writ petition approached this Court with projections that he is the owner of a plot of land covered by Dag No. 521, K.P. Patta No. 36, situated at Village No. 2, Odalbakra, Mouza- Beltola, Guwahati Revenue Circle, District- Kamrup (Metropolitan) and that an unauthorized construction is carried out by his immediate neighbor in the eastern boundary, without any permission from the GMC/GMDA authorities. It was further projected that though he had approached the GMC Authorities, nothing has been done.
4. This Court under its order dated 19.08.2026 passed in WP(C) No. 3867/2026, at paragraph Nos. 4 and 8 had recorded the following:- “4. Ms. N. Hazarika, learned counsel appearing on behalf of Mr. P. Nayak, learned Additional Advocate General, Assam and Standing Counsel for the GMDA & GMC submits that no proposal for building permission has been found on the land bearing Dag No. 521, Patta No. 36, Revenue Village Odalbakra Grant, Mouza- Beltola in the name of Badal Dey or Raj Builder in the computerized database of proposal for building permission/ planning permit.
8. On the next date fixed, the GMDA/GMC shall apprise this Court as regards the issue involved in this case i.e. whether any construction is carried out over the land bearing Dag No. 521, Patta No. 36, Revenue Village Odalbakra Grant, Mouza- Beltola in the name of Badal Dey or Raj Builder, without any sanction and authority”.
5. It is the contention of the petitioner that the query ought to have been whether any construction has been carried out in the eastern boundary of the aforesaid Dag Number and K. P. Patta Number.
6. On perusal of the aforesaid paragraph No. 8, in the opinion of this Court, the same needs to be read as following:- “On the next date fixed, the GMDA/GMC shall apprise this Court as regards the issue involved in this case i.e. whether any construction is carried out in the eastern boundary of the land bearing Dag No. 521, Patta No. 36, Revenue Village Odalbakra Grant, Mouza- Beltola in the name of Badal Dey or Raj Builder, without any sanction and authority”.
7. Accordingly, the order dated 19.08.2026 is clarified and the present order passed today shall be treated as a part of the order dated 19.08.2026 passed in WP(C)/3867/2026.
8. Accordingly, this application stands disposed of by allowing the prayer.
9. The instruction by the GMDA/GMC shall be obtained to the aforesaid extent on the next date fixed.
10. List the connected writ petition as fixed earlier. JUDGE Comparing Assistant