Gauhati High Court
WP(C)/5104/2026 of SRI MADAN AGARWALA AND 2 ORS Vs THE COMMISSIONER AND SECRETARY, GOVERNMENT OF ASSAM AND 2 ORS on 17 September 2026
GAHC010197392026 2026:GAU-AS:13908 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5104/2026 SRI MADAN AGARWALA AND 2 ORS S/O LATE RAMSHARUP AGARWALA, VILLAGE DATHKOLA, P.O. BAKARIDOLONI, P.S. HALEM, PIN-784172, DISTRICT BISWANATH, ASSAM 2:
GAHC010197392026
2026:GAU-AS:13908
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/5104/2026
SRI MADAN AGARWALA AND 2 ORS
S/O LATE RAMSHARUP AGARWALA, VILLAGE DATHKOLA, P.O.
BAKARIDOLONI, P.S. HALEM, PIN-784172, DISTRICT BISWANATH, ASSAM
2: SRI SUVASH AGARWALA
S/O LATE ASHARAM AGARWALA
VILLAGE DATHKOLA
P.O. BAKARIDOLONI
P.S. HALEM
PIN-784172
DIST BISWANATH
ASSAM
3: SRI OMPRAKASH AGARWALA
S/O LATE ASHARAM AGARWALA
VILLAGE DATHKOLA
P.O. BAKARIDOLONI
P.S. HALEM
PIN-784172
DISTRICT BISWANATH
ASSAM
VERSUS
THE COMMISSIONER AND SECRETARY, GOVERNMENT OF ASSAM AND 2
ORS
REVENUE DEPARTMENT, DISPUR, GUWAHATI-781006.
2:THE DEPUTY COMMISSIONER
BISWANATH
BISWANATH CHARIALI
ASSAM
PIN- 784176
3:THE CIRCLE OFFICER
HALEM REVENUE CIRCLE
P.O. HALEM
DIST- BISWANATH
ASSAM
PINCODE- 78417
Advocate for the Petitioner : MR. A RAJKHOWA, MR. R P HAZARIKA
Advocate for the Respondent : GA, ASSAM, SC, REVENUE AND DISASTER MANAGEMENT
DEPT
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
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ORDER
Date : 18-09-2026 Heard Mr. R.P. Hazarika, learned counsel for the petitioners; Mr. J. Handique, learned Standing Counsel, Revenue & Disaster Management Department, Government of Assam for the respondent no. 1; and Mr. N. Goswami, learned Junior Government Advocate, Assam for the respondent nos. 2 & 3.
2. It is stated that in July, 2026, the petitioners have been served with a notice by the respondent no. 3 on the subject, ‘Non-payment of Land Revenue’. By the Notice, it has been informed that though the petitioners are running a brick industry on a plot of land covered by Dag no. 30 and K.P. Patta no. 7, situate at Revenue Village no. 2 Taltali, Kalongpur Mouza, Halem Revenue Circle, District – Biswanath, Assam [the subject-plot], the petitioners are not paying the land revenue in respect of the subject-plot since 2018. By the notice, the petitioners are informed to deposit the pending land revenues. The grievances of the petitioners is that the land revenue assessed earlier at Rs. 500
per Bigha for the subject-land has been increased substantially in the meantime and for that reason, the petitioners have represented before the respondent authorities for reduction of the rate of land revenue.
3. As the petitioners have been served with the notice for deposit of the pending arrear land revenues since 2018 by the respondent no. 3 through the notice, annexed as Annexure-5 to the writ petition, the petitioners are required to submit their response, by way of a representation, if any, regarding non- deposit of the land revenues since 2018. It is observed that it will also be open for the petitioners to raise their grievances regarding increase in the rate of revenues in the same representation. Therefore, this writ petition is disposed of granting liberty to the petitioners to submit the representation, if they opt to do so, within a period of 15 days from today, in response to the notice served upon them by the respondent no. 3. It is further observed that in case the petitioners submit any such representation, the respondent authorities, more particularly, the respondent nos. 2 & 3 shall give due consideration to the representation and a decision taken thereon is to be communicated to the petitioners thereafter.
4. With the above observations and directions, the writ petition is disposed of.
JUDGE Comparing Assistant