Gauhati High Court
WP(C)/5324/2024 of RATUL CHANDRA ROY Vs THE STATE OF ASSAM AND 8 ORS on 29 September 2026
GAHC010217052024 2026:GAU-AS:14620 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5324/2024 RATUL CHANDRA ROY R/O- VILL.- BOALIMARI, P.O. ABHAYAPURI, DIST. BONGAIGAON, ASSAM, PIN- 783384. VERSUS THE STATE OF ASSAM AND 8 ORS REPRESENTED BY
GAHC010217052024
2026:GAU-AS:14620
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/5324/2024
RATUL CHANDRA ROY
R/O- VILL.- BOALIMARI, P.O. ABHAYAPURI, DIST. BONGAIGAON, ASSAM, PIN- 783384.
VERSUS
THE STATE OF ASSAM AND 8 ORS
REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM, DISPUR, GHY-781006.
2:THE DEPARTMENT OF TOURISM
REPRESENTED BY THE COMMISSIONER AND SECRETARY
ASSAM STATE TOURISM DEPARTMENT
GOVT. OF ASSAM
DISPUR
GHY-781006.
3:THE DIRECTOR OF TOURISM
DIRECTORATE OF TOURISM
GOVT. OF ASSAM
STATION ROAD
GHY-781001.
4:THE ASSAM TOURISM DEVELOPMENT CORPORATION LIMITED
REPRESENTED BY ITS MANAGING DIRECTOR
ASSAM TOURISM DEVELOPMENT CORPORATION LIMITED
ASSAM PARYATAN BHAWAN
AK AZAD ROAD
PALTANBAZAR
GHY781008.
5:GENERAL MANAGER
ASSAM TOURISM DEVELOPMENT CORPORATION LIMITED
ASSAM PARYATAN BHAWAN
AK AZAD ROAD
PALTANBAZAR
GHY-781008.
6:DISTRICT COMMISSIONER
BONGAIGAON
ASSAM-783384.
7:ADDITIONAL DISTRICT COMMISSIONER
BONGAIGAON
ASSAM-783384.
8:SUB-DIVISIONAL OFFICER (C) NORTH SALMARA AND CHAIRMAN
KKEP DEVELOPMENT COMMITTEE
DIST. BONGAIGAON
ASSAM
PIN- 783384.
9:MEMBER SECRETARY
KKEP DEVELOPMENT COMMITTEE
DIST- BONGAIGAON
ASSAM-783384
For the Applicant (s) : Mr. R. Sekhar, Advocate For the Respondent(s) : Mr. B. Gogoi, AAG
Ms. P. Baruah, Advocate
BEFORE
HON’BLE MR. JUSTICE DEVASHIS BARUAH
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O R D E R
30.09.2026
Heard Mr. R. Sekhar, the learned counsel appearing on behalf of the Petitioner. Mr. B. Gogoi, the learned Additional Advocate General appears on behalf of the Respondent Nos.1, 2, 3, 6, 7 &
8 and Ms. P. Baruah, the learned counsel appears on behalf of the Respondent Nos.4 & 5.
2. The present writ petition was filed by the Petitioner being aggrieved by the inaction on the part of the Respondent Authorities in not handing over the entire project as described in Schedule A to the Agreement dated 29.05.2023. It is the further case of the Petitioner that prior to the filing of the instant writ petition, various resolutions were adopted thereby reducing the area of the property which was to be handed over to the Petitioner. It is under such circumstances that the Petitioner had approached this Court.
3. In the meantime, during the pendency of the instant writ petition, the General Manager of the Assam Tourism Development Corporation Limited took a decision pursuant to the Minutes of the Meeting held on 29.06.2026 to terminate the Agreement entered into with the Petitioner and refund the security deposit of Rs.4,93,200/- and the advance lease rent of Rs.4,93,200/- together with the GST.
4. Taking into account the order of the General Manager, Assam Tourism Development Corporation Limited dated 16.09.2026, the grievances of the Petitioner in the present proceedings sans a challenge to the termination order cannot be proceeded with.
5. Accordingly, the instant writ petition therefore stands closed with liberty granted to the Petitioner to assail the order dated 16.09.2026. The liberty so granted is subject to being permissible under law.
6. It is further observed that the closing of the instant writ petition shall not prejudice the Petitioner while challenging the termination order dated 16.09.2026.
JUDGE Comparing Assistant