THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM v. THE STATE OF ASSAM AND 2 ORS

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/7331/2025 NIBEDITA YEIN PEGU W/O- LAKHINANDAN PEGU, RESIDENT OF HOUSING COLONY ROAD, SARATHI PATH, HOUSE NO. 1, P.O. HENGRABARI, P.S. DISPUR, DIST. KAMRUP METRO, ASSAM VERSUS THE STATE OF ASSAM AND 2 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, DEPARTMENT OF HOUSING AND URBAN AFFAIRS, A-BLOCK, 4TH FLOOR, JANATA BHAWAN, DISPUR. 2:MANAGING DIRECTOR GUWAHATI METROPOLITAN DRINKING WATER SEWERAGE BOARD (GMDW AND SB) 3RD FLOOR STATFED BUILDING G.M.C.H. ROAD BHANGAGARH GUWAHATI-781005. 3:CHANDRA KANTA DUARAH S/O- LATE JIBA KANTA DUARAH R/O- HENGRABARI ROAD HOUSE NO. 24 P.O. ASSAM SACHIVALAYA P.S. DISPUR DIST. KAMRUP METRO ASSAM PIN- 781006 Advocate for the Petitioner : MS. B HAZARIKA, MR D MAHANTA Page No.# 2/3 Advocate for the Respondent : GA, ASSAM, SC, GMDW AND SB BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

19.12.2025 ORDER Heard Shri D. Mahanta, learned counsel for the petitioner. Also heard Shri N. Das, learned State Counsel as well as Shri S. Bora, learned Standing Counsel, Guwahati Metropolitan Drinking Water & Sewage Board. Though there is a private respondent, in view of the order proposed to be passed, issuance of notice may not be necessary. The approach to this Writ Court has been done with a prayer to provide water connection to the premises under the petitioner. As per the facts projected, the petitioner is a businessman and running a business of restaurant in the name and style of “Mising Kitchen” in a tenanted premise of the respondent no. 3. However there is a landlord tenant dispute which is presently before the Civil Judge (Sr. Div) No. 1, Kamurp (M). The petitioner is aggrieved by the refusal to give water connection as well as access to the AC’s outdoor units. Shri Das, the learned State Counsel has however submitted that, from the materials placed on record, it appears that the Title Suit instituted by the petitioner was dismissed and thereafter, the appeal preferred by the petitioner was also dismissed on 16.11.2022 and presently CRP No. 140/2025 is pending before this Court. Shri Mahanta, the learned counsel for the petitioner has submitted that there is a counter claim for ejectment of the petitioner which is pending before the learned Trial Court. Page No.# 3/3 Considering the facts and circumstances and also the aspect as to whether a claim of the present nature can be entertained by a Writ Court when the issue is pending consideration before the Trial Court, this Court is of the opinion that while this petition be closed, liberty be granted to the petitioner to approach the learned Trial Court by filing an appropriate application. If such an application is filed, the same is required to be decided in accordance with law, more particularly, the provisions of the Assam Urban Areas Rent Control Act, 1972. The writ petition accordingly stands disposed of. JUDGE Comparing Assistant