Page No.# 1/4 vs The State Of Assam And 6 Ors on 20 January, 2025

Gauhati High Court

Page No.# 1/4 vs The State Of Assam And 6 Ors on 20 January, 2025

                                                                  Page No.# 1/4

GAHC010269812024




                                                            2025:GAU-AS:474

                      THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                          Case No. : WP(C)/6760/2024

         M/S HILL VIEW AND ANR
         A PROPRIETOR FIRM SITUATED AT FLAT NO. A8A, IDEAL HILL VIEW VIP
         ROAD, PATHARQUARY, GUWAHATI KAMRUP M ASSAM 781171
         REPRESENTED BY ITS SOLE PROPRIETOR SMTI SHEEMA BARUAH,

         2: SMTI SHEEMA BARUAH

          W/O SRI AJIT KUMAR BARUAH
          PROPRIETOR OF M/S HILL VIEW

         RESIDENT OF TALTOLA
         KALITAKUCHI ARMY CANTONMENT NARENGI
         PO SATGAON
         GUWAHATI KAMRUP M ASSA

         VERSUS

         THE STATE OF ASSAM AND 6 ORS
         REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM, HOME AND
         POLITICAL DEPARTMENT, DISPUR KAMRUP M ASSAM 781006

         2:THE DISTRICT COMMISSIONER
          KAMRUP M CUM DISTRICT MAGISTRATE

          KAMRUP M ASSAM

         3:TEH DIRECTOR GENERAL OF POLICE
         ASSAM POLICE HEADQUARTER
          ULUBARI GUWAHATI KAMRUP M ASSAM

         4:THE COMMISSIONER OF POLICE
          KAMRUP M ASSAM 781001

         5:THE DEPUTY COMMISSIONER OF POLICE (INTELLIGENCE)
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             GUWAHATI KAMRUP M ASSAM

            6:THE SECTION IN CHARGE
             SARAIS REGISTRATION CELL
             S AND I BRANCH
             GUWAHATI KAMRUP M ASSAM 781001

            7:THE OFFICER IN CHARGE
             NOONMATI POLICE STATION
             NOONMATI GUWAHATI KAMRUP M ASSAM 78102

Advocate for the Petitioner   : MR P BHARDWAJ, MR. D J KAPIL,MR. A R GOGOI,MR M C
KAKOTI

Advocate for the Respondent : GA, ASSAM,




                                           BEFORE
                   HON'BLE MR. JUSTICE LANUSUNGKUM JAMIR
                                           O R D E R

20.01.2025

Heard Mr. D.J. Bora, learned counsel for the petitioner. Also heard Mr. D. Nath,
learned Senior Government Advocate, Assam appearing on behalf of all the
respondents.

2. It is the case of the petitioners that the petitioner No.1 is a Proprietorship
Firm of the petitioner No.2 and the petitioner No.1 is in the business of running a
bed and breakfast establishment in a Flat owned by him being Flat No.A-8A in the
Ideal Hill View Apartment, Patharquary, Guwahati . The petitioner is aggrieved by
the Notice dated 21.11.2024 issued by the Deputy Commissioner of Police
(Intelligence), by which the petitioner No.2 was directed to submit No Objection
Certificate from the residents of Ideal Hill View Apartment Welfare Society for
processing the application made by the petitioner for registration of the petitioners
Sarai, namely, Hill View Bed and Breakfast Guest House, located at Patharquary
Tiniali, Guwahati.

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3. This Court while issuing notice on 20.12.2024, directed the respondents,
particularly the respondent Nos. 4 and 5 to consider the application for registration
submitted by the petitioner within 10(ten) days from the date of issuance of the
notice on the basis of the certificate of good character of the petitioner as per
Section 6 of the Sarai Act, 1867 and without insisting on the No Objection
Certificate from the residents of the Ideal Hill View Apartment.

4. Today, when the matter is called up, Mr. D. Nath, learned Senior Government
Advocate has placed before this Court the Registration Certificate dated 30.12.2024
issued by the Deputy Commissioner of Police (Intelligence), Guwahati, Assam. It is
also submitted by Mr. D. Nath, learned Senior Government Advocate, Assam that
the respondents did not insist on the No Objection Certificate as demanded by
them in the Notice dated 21.11.2024 and thereafter the application made by the
petitioner for registration was considered and accordingly, the Hill View Bed and

Breakfast Guest House, located at Flat No.A-8A, 8th Floor, Block-A, Ideal Hill View
Apartment, Patharquary Tiniali, Guwahati has been registered.

5. The Registration Certificate furnished before this Court by the learned Senior
Government Advocate is re-produced herein below:-

“GOVERNMENT OF ASSAM
OFFICE OF THE COMMISSIONER OF POLICE
GUWAHATI::: ASSAM
Memo No. CP/INT/SARAI/11/509 Dated 30.12.2024.

REGISTRATION CERTIFICATE
This is to certify that HILL VIEW BED & BREAKFAST, located at Flat No.8A, 8th
Floor, Block A, Ideal Hill View Apartment, Patharquary Tiniali under jurisdiction of P.S:

Noonmati, owned by SHEEMA BARUAH, is hereby registered as per provision of Section 3
of The SARAI Act, 1867 with effect from 30/12/2024. This registration is valid up to
29/12/2025 with the following conditions:

1) As per Sec. 3 of the Act, the owner or keeper of a Sarai shall report in writing to the
Officer in Charge of the jurisdictional Police Station the detail particulars of every
person/guest/border who resorted to such Sarai during the preceding day or night.

2) As per provisions laid down under section 7 of Foreigners Act, 1946, the owner or
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keeper of a Sarai shall submit the details of any Foreigners staying in the Sarai to the
Dy. Commissioner of Police (Intelligence) in Form-C in the IVFRT Portal without any
delay.

3) The owners or keepers of the Sarai shall maintain identity particulars of all guests.

4) The Sarai shall not be allowed to be used for any illegal activities.

Registration Number :- R/509/2024.

-Sd- 30/12/24

Dy. Commissioner of Police (Intelligence),
Guwahati, Assam”

6. Considering the above, this Court is of the considered opinion that the matter
has now become infructuous.

7. Accordingly, the writ petition is disposed as infructuous.

8. The instructions received by the learned Senior Government Advocate,
Assam as well as the Registration Certificate dated 30.12.2024 is kept on record.

JUDGE

Comparing Assistant