Lakhimi Nandi Sarma @ Laxhmi Nandi Sarma v. The State of Assam and Anr

Page No.# 1/2 GAHC010002592024

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WA/7/2024 LAKHIMI NANDI SARMA @ LAXHMI NANDI SARMA W/O LATE GIRINDRA SARMA, R/O-EWS BUILDING NO-L, UNIT NO-17, UNDER RHS SCHEME, BHETAPARA, GUWAHATI-28, P.S. HATIGAON, DIST.- KAMRUP (M), ASSAM. VERSUS

¶1THE STATE OF ASSAM AND ANR. REP. BY THE COMMISSIONER AND SECRETARY, DEPTT. OF URBAN DEVELOPMENT DEPTT., DISPUR, GUWAHATI-781006. 2:THE ASSAM STATE HOUSING BOARD REP. BY ITS COMMISSIONER RADHA GOBINDA BARUAH ROAD GUWAHATI-781005 For the Appellant : Mr. G. Uddin, Advocate.

: Ms. P. Adhikari, Advocate. For the Respondent(s) : Ms. S. Konwar, Junior Government Advocate, Assam for respondent No.1. : Mr. T.R. Gogoi, Advocate for respondent No.2.

– BEFORE – HON'BLE THE CHIEF JUSTICE MR. VIJAY BISHNOI HON'BLE MR. JUSTICE SUMAN SHYAM

15.02.2024 (Vijay Bishnoi, CJ)

This writ appeal is filed by the appellant/writ petitioner being aggrieved with the Page No.# 2/2 order dated 18.12.2023 passed by the learned Single Judge in WP(C) No.6334/2019, whereby the writ petition filed by the appellant/writ petitioner was dismissed. Learned Single Judge has dismissed the aforesaid the writ petition by observing that the allotment of the flat to the appellant was cancelled by the competent authority way back in the year 2017 i.e. on 18.09.2017. However, the appellant has suppressed this fact and therefore, she is not entitled to get any relief in the extra-ordinary jurisdiction of this Court. At this stage, Mr. G. Uddin, learned counsel for the appellant, on instruction, has submitted that the appellant be allowed to withdraw this writ appeal with liberty to her to file an appeal before the State Government under Section 57 of the Assam State Housing Board Act, 1972. In view of above, the instant writ appeal stands dismissed with liberty as prayed for.

JUDGE CHIEF JUSTICE Comparing Assistant