WP(C) 5168/2008 BEFORE THE HON’BLE MR. JUSTICE B.P. KATAKEY Heard Mr. A. Choudhury, the learned counsel for the petitioner as well a s Mr. Borah, the learned standing counsel, Guwahati Municipal Corporation (GMC) appearing for the respondents. The petitioner by the present petition has challenged the order dated 17 .01.2008 passed by the Commissioner, Guwahati Municipal Corporation, Guwahati in exercise of the power conferred under Section 337(3) of the Guwahati Municipal Corporation Act, 1971 directing removal or pulling down of the unauthorized cons truction mentioned in the said order and sealing the premises as empowered under Section 337(A) of the said Act, for using the premises for commercial purpose t hough it was permitted to be used for residential purpose. During the course of hearing of the application, it has been submitted b y the learned counsel for the petitioner that the offending construction has alr eady been demolished and pursuant to the conditional order dated 09.01.2009 pass ed by this court, the school which was allowed to be run from the said building has been shifted and as such the grounds on which the order dated 17.01.2008 has been passed by the Commissioner no more exist. The learned counsel appearing for the GMC has also supported the submiss ions of the learned counsel for the petitioner. In view of the above, the writ petition is closed with direction to the petitioner not to use the building in question for any other activities other th an for residential purpose, since the offending portion of the unauthorized cons truction has already been demolished. It is, however, open to the Guwahati Munic ipal authority to take appropriate action in accordance with law, if the petitio ner violates any of the provisions of the Act or the permission accorded. The writ petition is accordingly closed. No cost.