Gauhati High Court
WP(C)/744/2023 of KALINATH SARMA AND 6 ORS Vs NORTH EASTERN DEVELOPMENT FINANCE CORPORATION LTD (NEDFI) AND 10 ORS on 14 October 2026
2026:GAU-AS:15787
GAHC010014192023 2026:GAU-AS:15787 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/744/2023 KALINATH SARMA AND 6 ORS SON OF LATE ADYA NATH SARMA, RESIDENT OF VILLAGE NO. 2, GOURIPUR, WARD NO. 2, DISTRICT- DHUBRI, ASSAM, PIN- 783331. 2: SMTI
GAHC010014192023
2026:GAU-AS:15787
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/744/2023
KALINATH SARMA AND 6 ORS
SON OF LATE ADYA NATH SARMA,
RESIDENT OF VILLAGE NO. 2, GOURIPUR, WARD NO. 2, DISTRICT- DHUBRI, ASSAM, PIN- 783331.
2: SMTI SUMAN SARMA
DAUGHTER OF MRINAL SARMA
RESIDENT OF VILLAGE- GAURIPUR
WARD NO. 2
P.O.- GAURIPUR
DISTRICT- DHUBRI
ASSAM
PIN- 783331.
3: HEMANTA KUMAR SARMA
SON OF LATE AMBIKA CHARAN SARMA
RESIDENT OF VILLAGE- NORTH BALI
P.O.- SIALMARI
P.S.- TIHU
DISTRICT- NALBARI
ASSAM
PIN 781371.
4: SMTI. ANJU ROY BAISHYA
DAUGHTER OF SRI MADAN ROY
Page 1 of 7
RESIDENT OF VILLAGE- MILANPUR
TEPECHIYA
P.O. AND P.S.- BOKO
DISTRICT- KAMRUP
ASSAM.
5: MUKUL CHANDRA GOSWAMI
SON OF SRI BIPIN CHANDRA GOSWAMI
RESIDENT OF VILLAGE AND P.O.- BALISATRA
P.S.- KAYAN
DISTRICT- KAMRUP
ASSAM.
6: SMTI PAPARI GOSWAMI
DAUGHTER OF LATE UPENDRA GOSWAMI
RESIDENT OF HOUSE NO. 18
HARI MANDIR PATH
NEW DOWN TOWN HOSPITAL
P.O.- ASSAM SACHIVALAYA (DISPUR)
DISTRICT- KAMRUP(METRO)
ASSAM
PIN- 781006.
7: JAYANTA KUMAR BHAGAWATI
SON OF UTTAM BHAGAWATI
RESIDENT OF NALBARI COLLEGE
HOSTEL ROAD
P.S. AND DISTRICT- NALBARI
ASSAM
PIN- 781335
VERSUS
NORTH EASTERN DEVELOPMENT FINANCE CORPORATION LTD (NEDFI)
AND 10 ORS
Page 2 of 7
BASUNDHARA ENCLAVE,
B.K. KAKATI ROAD,
ULUBARI, GUWAHATI- 781007.
2:MITRA ENTERTAINMENTS PRIVATE LIMITED
REGISTERED OFFICE-
ARNAV COURT
FLAT NO. B/3
A.K. AZAD ROAD
REHABARI
KAMRUP(METRO)
ASSAM- 781008.
3:SANJAY MITRA
SON OF LATE SUDHIR MITRA
R/O- ARNAV COURT
FLAT NO. B/3
A.K. AZAD ROAD
REHABARI
KAMRUP(METRO)
ASSAM- 781008.
ALTERNATIVE ADDRESS-
FLAT NO. 5A
ADITYA APARTMENT
MANIK NAGAR
BYE LANE-2
R.G. BARUAH ROAD
GUWAHATI- 781006.
4:MRS. SHARMILA MITRA
R/O- ARNAV COURT
FLAT NO. B/3
A.K. AZAD ROAD
REHABARI
KAMRUP(METRO)
ASSAM- 781008.
5:MALAY KUMAR SARKAR
S/O- LATE BIJOY SARKAR
Page 3 of 7
R/O- 38/1A BOSE PARA LANE
BAGHBAZAR
KOLKATA-3
WEST BENGAL.
6:M/S DEE 7 DEE COMMERCIAL (P) LTD.
REPRESENTED BY ITS DIRECTOR MR. UTPAL PATHAK
REGISTERED OFFICE-
DOWN HILL CASTLE
DISPUR
KACHARIBASTI ROAD
CHRISTIAN BASTI
GUWAHATI- 781005
ASSAM.
7:M/S INDUSTRIAL DEVELOPMENT BANK LTD.
HAVING ITS REGISTERED OFFICE AT IDBI TOWER
CUFFE PARADE
MUMBAI- 400005
REPRESENTED BY ITS BRANCH HEAD
IDBI AT SATYAM NIWAS
PANBAZAR
GUWAHATI
PIN- 781001.
8:THE DEPUTY COMMISSIONER
KAMRUP(METRO)
GUWAHATI
ASSAM.
9:THE REVENUE CIRCLE OFFICER
GUWAHATI REVENUE CIRCLE
GUWAHATI
KAMRUP(METRO)
ASSAM.
10:THE POLICE COMMISSIONER
Page 4 of 7
KAMRUP(METRO)
GUWAHATI
ASSAM.
11:THE OFFICER INCHARGE
JALUKBARI POLICE STATION
GUWAHATI
KAMRUP(METRO)
ASSAM
Advocate for the Petitioner : MR. R SARMA, MRS. G M D BAISHYA,MR. P M KALITA,MR R
PATAR
Advocate for the Respondent : SC, NEDFI, MR K KASHYAB(R1),MS R HALOI(R1),MR. S
DUTTA(R1),MISS T DAS (R-6),MR. I GOGOI (R-6),MR. A K RAY (R-6),GA, ASSAM
BEFORE
HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY
ORDER
15.10.2026
1. Heard Mr. R. Sarma, learned counsel for the petitioners. Also heard Mr. S. Dutta, learned counsel for the respondent No. 1; Mr. N. Das, learned counsel for the respondent Nos. 8, 9, 10 and 11, and Mr. I. Gogoi, learned counsel for the respondent No. 6.
2. The case of the petitioners is that they had purchased a plot of land by a registered sale deed located at Paschim Jalukbari, district- Kamrup (M).
3. According to the petitioners, the North Eastern Development Finance Corporation Ltd. (NEDFi), had instituted a proceeding before the Debt Recovery Tribunal against some entity for recovery of a particular amount and in the proceeding a certificate was issued. It is the further contention of the petitioners that in execution of the certificate, an order was passed for taking over the property of the petitioners, which according to the petitioners are
Page 5 of 7
not at all connected with the proceeding before the DRT.
4. Such fact is not disputed, however, Mr. S. Dutta, learned counsel for the NEDFi submits that while they proceeded to take over the possession of the mortgage property of the loanee, the Circle Officer and the Lot Mondal wrongly identified this land and therefore, there is no fault on the part of the bank.
5. Another important aspect of the matter which is submitted by Mr. S. Dutta, learned counsel for the respondent/NEDFI that the certificate of the DRT has already been satisfied by way of an auction sale of the mortgage property therein and possession has also been handed over, sale certificate issued to the auction purchaser.
6. In the meantime, this Court taking note of the aforesaid dispute, called for the report from the Circle Officer, which is produced before this Court today by the learned counsel for the petitioners and not disputed by the respondents.
7. The report goes to show that the demarcation in respect of the disputed land covered by Dag No. 515, 516, 517 (Old)/ 1085, 1086, 1087, 1089 (New) of Special Myadi Patta No. 36 (Old)/196, 195 (New) of village Pachim Jalukbari under Jalukbari Mouza was carried out in assistance with the Assam Survey Department. After measurement, as per report received from the Joint Director of Assam Survey Department, one Kalinath Sharma, Smti. Suman Sharma, Sri Hemant Kumar Sharma, Smti. Anju Roy Baishya, Sri Mukul Chandra Goswami, Smti. Papori Goswami, Smti. Jayanta Kumar Bhagwati, is seen to be in possession in the land in question and it was also reported that no sign board in the name of the NEDFI, was found during the field verification.
Page 6 of 7
8. In view of the aforesaid, nothing survives to be adjudicated in the present writ petition.
9. Accordingly, this writ petition stands closed.
10. However, it is made clear that in the event, any fresh cause of action is arises, the petitioners shall be at liberty to approach this Court.
11. The report of the Circle Officer, Guwahati Revenue Circle dated 07.12.2026 is kept on record. JUDGE Comparing Assistant
Page 7 of 7
Loading citations and judicial treatment…