Gauhati High Court
WP(C)/1647/2024 of AIRPLAZA RETAIL HOLDINGS PRIVATE LTD Vs THE STATE OF ASSAM AND 28 ORS on 23 July 2026
GAHC010056442024 2026:GAU-AS:10221 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1647/2024 AIRPLAZA RETAIL HOLDINGS PRIVATE LTD A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT 1956, HAVING ITS REGISTERED AND CORPORATE
GAHC010056442024
2026:GAU-AS:10221
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1647/2024
AIRPLAZA RETAIL HOLDINGS PRIVATE LTD
A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE
COMPANIES ACT 1956, HAVING ITS REGISTERED AND
CORPORATE OFFICE AT PLOT NO. 1.84, FIFTH
FLOOR, PLATINUM TOWER, UDYOG VIHAR,
PHASE I, GURUGRAM HARYANA, PIN -
122016, INDIA AND HAVING ITS RETAIL
SHOWROOM AT VISHAL MEGA MART,
(GROUND, 1ST, 2ND AND 3RD FLOOR),
AMAZE SHOPPING MALL, A.T. ROAD,
OPPOSITE PAN BAZAR FLYOVER, DIST. -
KAMRUP (M), GUWAHATI, ASSAM, PIN-
781001 AND REPRESENTED BY ITS
AUTHORISED REPRESENTATIVE SRI PRANJIT
DEKA, SON OF SRI PARESH DEKA, AGED
ABOUT 32 YEARS, RESIDENT OF HARIMITHA
AMTOL, NEAR SIVA MANDIR, MALIGAON
RAILWAY HEAD QUARTERS, MALIGAON,
P.O. DEVKOTA NAGAR, DIST. - KAMRUP
(M), ASSAM, PIN -781001 AND
WORKING AS STORE MANAGER AT THE
AFORESAID RETAIL STORE, THAT IS, VISHAL MEGA MART, GUWAHATI, ASSAM-
781001.
VERSUS
THE STATE OF ASSAM AND 28 ORS
REPRESENTED BY THE ADDITIONAL
CHIEF SECRETARY TO THE
GOVERNMENT OF ASSAM, GUWAHATI
DEVELOPMENT
DEPARTMENT,
DISPUR, GUWAHATI - 781006.
2:THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM
GUWAHATI
DEVELOPMENT
DEPARTMENT
DISPUR
GUWAHATI - 781006.
3:GUWAHATI MUNICIPAL CORPORATION
REPRESENTED
COMMISSIONER
BY
THE
2ND
FLOOR
STATFED BUILDING
GMCH ROAD
BHANGAGARH
GUWAHATI - 781005
KAMRUP (M)
ASSAM.
4:THE COMMISSIONER
GUWAHATI MUNICIPAL CORPORATION
2ND FLOOR
STATFED BUILDING
GMCH
ROAD
BHANGAGARH
GUWAHATI - 781005
KAMRUP (M)
ASSAM.
5:SMTI. BABITA BARJATYA
WIFE OF SHRI
AJIT BARJTYA
ROAD
IN THE DISTRICT OF KAMRUP
(M)
GUWAHATI- 781001
ASSAM.
6:SHRI KAMAL GOEL
SON OF SHRI
SURESH KUMAR GOEL
RESIDENT OF
AMAZA SHOPPING MALL
A.T.
ROAD
IN THE DISTRICT OF KAMRUP
(M)
GUWAHATI- 781001
ASSAM.
7:SHRI DEVESH SARAOGI
S/O BIRENDRA
KR. SARAOGI
RESIDENT OF SARAOGI
SADAN
JAIL ROAD
IN THE DISTRICT OF
KAMRUP (M)
GUWAHATI- 781001
ASSAM.
8:SHRI. NARENDRA KUMAR SARAOGI
SON OF LATE SH. CHAND SARAOGI
RESIDENT OF SARAOGI SADAN
JAIL
ROAD
IN THE DISTRICT OF KAMRUP
(M)
GUWAHATI- 781001
ASSAM.
9:SHRI. PAWAN KUMAR GANGWAL
SON
OF AMAR CHAND GANGWAL
RESIDENT OF JAIN GALI
KEDAR ROAD
IN THE DISTRICT OF KAMRUP (M)
GUWAHATI- 781001
ASSAM.
10:SHRI SURESH KUMAR GOEL
SON OF
LATE NARANG RAI GOEL
RESIDENT OF
AMAZA SHOPPING MALL
A.T.
ROAD
IN THE DISTRICT OF KAMRUP
(M)
GUWAHATI- 781001
ASSAM.
11:M/S SUMANT DOERAH AND SONS
THROUGH ITS KARTA - MR. SUMANT
DEORAH
RESIDENT OF SHANTI
BHAWAN
3RD FLOOR
COL. J. ALI
ROAD
IN THE DISTRICT OF KAMRUP
(M)
GUWAHATI- 781001
ASSAM.
12:SHRI. AJIT BARJATYA
SON OF PRABHU
DAYAL BARJATYA
RESIDENT OF KEDAR
ROAD
IN THE DISTRICT OF KAMRUP
(M)
GUWAHATI- 781001
ASSAM.
13:SHRI. ASHISH BARJATYA
SON OF AJIT
BARJATYA
RESIDENT OF KEDAR ROAD
IN THE DISTRICT OF KAMRUP (M)
GUWAHATI- 781001
ASSAM
14:SMTI. BULBUL JAIN
WIFE OF LATE
SUBHASH KR. JAIN
RESIDENT OF
KEDAR ROAD
IN THE DISTRICT OF
KAMRUP (M)
GUWAHATI- 781001
ASSAM.
15:SMTI. RAJNI GOEL
WIFE OF SURESH
KR. GOEL
RESIDENT OF 303 AMAZE
SHOPPING MALL
IN THE DISTRICT OF
KAMRUP (M)
GUWAHATI- 781001
ASSAM.
16:SMTI RENU DEORAH
WIFE OF
SUMANT DEORAH
RESIDENT OF
SHANTI BHAWAN
IN THE DISTRICT OF
KAMRUP (M)
GUWAHATI- 78100 1
ASSAM.
17:SMTI. BINA DEVI SARAOGI
WIFE OF
BIRENDRA KR. SARAOGI
RESIDENT OF
SARAOGI SADAN
JAIL ROAD
IN THE
DISTRICT OF KAMRUP (M)
GUWAHATI-
781001
ASSAM.
18:SMTI. REENA GANGWAL
WIFE OF
PAWAN KR. GANGWAL
RESIDENT OF
JAIN GALI
KEDAR ROAD
IN THE
DISTRICT OF KAMRUP (M)
GUWAHATI-
781001
ASSAM.
19:M/S PAWAN KUMAR GANGWAL AND ORS. (HUF)
REPRESENTED BY PAWAN KUMAR GANGWAL RESIDENT
OF JAIN GALI
KEDAR ROAD
IN THE
DISTRICT OF KAMRUP (M)
GUWAHATI-
781001
ASSAM.
20:M/S AJIT KUMAR BHARJATYA AND SONS (HUF)
REPRESENTED BY AJIT
BHARJATYA
RESIDENT OF KEDAR
ROAD
IN THE DISTRICT OF KAMRUP
(M)
GUWAHATI- 781001
ASSAM.
21:SHRI. BIRENDRA KUMAR SARAOGI
SON OF LATE SH. CHAND SARAOGI
RESIDENT OF SARAOGI SARAN
JAIL
ROAD
IN THE DISTRICT OF KAMRUP
(M)
GUWAHATI- 781001
ASSAM
22:SHRI. SAHIL JAIN
SON OF LATE
SUBASH KR. JAIN
RESIDENT OF
KEDAR ROAD
IN THE DISTRICT OF
KAMRUP (M)
GUWAHATI- 781001
ASSAM.
23:SHRI. SAKET JAIN
SON OF LATE
SUBASH KR. JAIN
RESIDENT OF
KEDAR ROAD
IN THE DISTRICT OF
KAMRUP (M)
GUWAHATI- 781001
ASSAM.
24:M/S SUBHASH KR. GANGWAL (HUF)
REPRESENTED THROUGH ITS KARTA
MR. SAHIL JAIN
RESIDENT OF KEDAR
ROAD
IN THE DISTRICT OF KAMRUP
(M)
GUWAHATI- 781001
ASSAM.
25:M/S SURESH KR. GOYAL AND SONS (HUF)
THROUGH ITS KARTA MR.
SURESH GOYAL
ROAD
IN THE DISTRICT OF KAMRUP
(M)
GUWAHATI- 781001
ASSAM.
26:SHRI SUMANT DOERAH
SON OF PRABHUDAYAL DEORAH
RESIDENT OF SHANTI BHAWAN
3RD FLOOR
COL. J. ALL ROAD
Page No.# 8/10
IN THE DISTRICT OF KAMRUP (M)
GUWAHATI 781001
ASSAM.
27:SHRI. GAJENDRA LUNAWAT
SON OF
PARASMAL LUNAWAT
RESIDENT OF
AMAZE SHOPPING MALL
IN THE
DISTRICT OF KAMRUP (M)
GUWAHATI-
781001
ASSAM.
28:MR. MAHAVEER CHAND LUNAWAT AND SONS
REPRESENTED BY KARTA
MAHAVEER
CHAND LUNAWAT
RESIDENT OF 301
AMAZE SHOPPING
MALL
IN THE DISTRICT OF KAMRUP
(M)
GUWAHATI- 781001
ASSAM.
29:SMTI. VINITA JAIN
WIFE OF JITENDRA
KR. LUNAWAT
RESIDENT OF 301
AMAZE SHOPPING MALL
IN THE DISTRICT OF KAMRUPM ASSAM GUWAHATI 0
For the Petitioner(s) : Mr. R. B. Phookan, Sr. Advocate : Ms. D. Das, Advocate For the Respondent(s) : Mr. S. Bora, SC, GMC
: Mr. R. Sharma, Advocate
BEFORE
HONOURABLE MR. JUSTICE DEVASHIS BARUAH
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ORDER
Date : 24.07.2026
Heard Mr. R. B. Phookan, the learned Senior counsel assisted by Ms. D. Das, the learned counsel appearing on behalf of the Petitioner and Mr. S. Bora, the learned Standing counsel appearing on behalf of the GMC. I have also heard Mr. R. Sharma, the learned counsel appearing on behalf of the Proforma Respondent Nos. 5 to 29.
2. The learned Senior counsel for the Petitioner submitted that he has been instructed to inform this Court that the shutter which was demolished by the GMC Authorities was not constructed by the Petitioner. He however submitted that while demolishing the shutter, there were certain RCC structures which were also demolished thereby it has become difficult on the part of the Petitioner to carry on the business. It is the opinion of this Court that the dispute therefore lies between the Petitioner and the Private Respondents and under such circumstances, the public law remedy herein cannot be invoked.
3. In that view of the matter, this Court is not inclined to entertain the instant writ petition for which the writ petition stands dismissed.
4. Before parting with the records, this Court makes it clear that the dismissal of the instant writ petition shall not prejudice or preclude the Petitioner to avail remedies before the appropriate forum, if so advised.
JUDGE Comparing Assistant