Gauhati High Court
WP(C)/4820/2026 of BIDYUT TANTI AND 3 ORS Vs STATE OF ASSAM AND 3 ORS on 6 September 2026
GAHC010203402026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Review.Pet./152/2026 KYANG TEA SEED COMPANY LIMITED A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT NEWPURUPBARI TEA ESTATE, POGOHPUR,
GAHC010203402026
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Review.Pet./152/2026
KYANG TEA SEED COMPANY LIMITED
A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956 HAVING ITS
REGISTERED OFFICE AT NEWPURUPBARI TEA ESTATE, POGOHPUR, DISTRICT-BISWANATH, ASSAM, PIN784168 REPRESENTED BY ITS
DIRECTOR NAMELY RANJIT JHA, AGED ABOUT 50 YEARS, SON OF
GHURAN JHA, PRESENTLY AT NEWPURUPBARI TEA ESTATE , PO GOHPUR, DIST BISWANATH ASSAM 784168
VERSUS
SRI BIDYUT TANTI
SON OF LATE ARUN TANTI
2:SRI ACHYUT TANTI
SON OF LATE ARUN TANTI.
3:SRI GEORGE TANTI
SON OF LATE ARUN TANTI.
4:SMTI ANAMI TANTI
WIFE OF LATE ARUN TANTI. ALL ARE RESIDENT OF DALHOUSIE SAH
BAGISHA
PO AND PS-BISWANATH
ASSAM
PIN-784168.
5:THE STATE OF ASSAM
REPRESENTED BY THE CHIEF SECRETARY
GOVERNMENT OF ASSAM
DISPUR
GUWAHATI
PIN-781006.
6:THE COMMISSIONER AND SECRETARY
REVENUE AND DISASTER MANAGEMENT DEPARTMENT
DISPUR
GUWAHATI
PIN781006
7:THE DISTRICT COMMISSIONER
BISWANATH
ASSAM
PIN-784176
Advocate for the Petitioner : MR. D DAS SR. ADV, MR. D CHOUDHURY,MS. A
KHARBANI,MR J DAS,MR T CHAKRABORTY
Advocate for the Respondent : GA, ASSAM, SC, REVENUE
Linked Case : WP(C)/4820/2026
BIDYUT TANTI AND 3 ORS
S/O- LATE ARUN TANTI
RESIDENT OF DALHOUSIE SAH BAGICHA
P.O. AND P.S. GOHPUR
DIST. BISWANATH
ASSAM
2: ACHYUT TANTI
S/O- LATE ARUN TANTI
RESIDENT OF DALHOUSIE SAH BAGICHA
P.O. AND P.S. GOHPUR
DIST. BISWANATH
ASSAM
3: GEORGE TANTI
S/O- LATE ARUN TANTI
RESIDENT OF DALHOUSIE SAH BAGICHA
P.O. AND P.S. GOHPUR
DIST. BISWANATH
ASSAM
4: SRIMATI ANAMI TANTI
W/O - LATE ARUN TANTI
RESIDENTS OF - DALHOUSIE SAH BAGICHA
P.O. AND P.S. - GOHPUR
DIST - BISWANATH
ASSAM.
VERSUS
STATE OF ASSAM AND 3 ORS
REPRESENTED BY THE CHIEF SECRETARY
GOVERNMENT OF ASSAM
DISPUR
GUWAHATI - 781006.
2:COMMISSIONER AND SECRETARY
REVENUE AND DISASTER MANAGEMENT
DISPUR
GUWAHATI - 781006.
3:DISTRICT COMMISSIONER
BISWANATH
ASSAM - 784176.
4:KYANG TEA SEED COMPANY LTD.
A COMPANY REGISTERED UNDER THE COMPANIES ACT
1956 HAVING ITS REGISTERED OFFICE AT NEWPURUPBARI TEA ESTATE
PO - GOHPUR
DIST - SONITPUR
ASSAM
REPRESENTED BY ITS AUTHORIZED SIGNATORY AND CEO
SRI PARIMAL BISWAS.
------------
Advocate for : MR. K SARMA
Advocate for : GA
ASSAM appearing for STATE OF ASSAM AND 3 ORS
BEFORE
HONOURABLE MR. JUSTICE RAJESH MAZUMDAR
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ORDER
18.09.2026 Heard Mr. D. Das, learned Senior counsel assisted by Mr. D. Choudhury, learned counsel for the petitioner. Also heard Mr. J. Handique, learned counsel for respondent Nos. 5, 6 & 7. The learned Senior counsel has submitted that in the order dated 07.09.2026, in WP(C) No. 4820/2026 at paragraph-11, directions were issued to the District Commissioner to take into consideration the objections raised on behalf of the respondents regarding the application filed by the writ petitioners, regarding the delay in filing the representation beyond the period stipulated by the Division Bench in W.A No. 200/2017. The District Commissioner was also required to take into consideration the submission of the petitioners regarding exclusion condonation of the period effected by the Covid-19 pandemic. The learned Senior counsel has submitted that it is apparent from the record that the Division Bench of this Court, by order dated 28.02.2019, had required the appellants in W.A No. 200/2017 to prefer an appeal within two months from the date on which a certified copy of the order was made available. He has submitted that the application filed by the appellants in W.A No. 200/2017 was received by the Addl. District Commissioner (Revenue) on 21.05.2019, and therefore, the liberty granted by the Division Bench in W.A No. 200/2017 had expired by the time the application had been submitted. The learned Senior counsel has further submitted that there is no record that the appellants/writ petitioners in WP(C) No. 4820/2026 had sought time from this Court, to file an application after the period had elapsed. He has submitted that the period condoned by the Apex Court in Misc Application No. 21/2022 and other connected matters by the order dated 10.01.2022, was from 15.03.2020-28.02.2022. It is apparent that the application filed by the writ petitioners was in the year 2019, and the condonation granted by the Apex Court would have no application on the representation filed by the writ petitioners. Accordingly, it is his submission that the requirement for the District Commissioner to consider the representation would not arise, in view of the time given by the Division Bench of this Court having elapsed, and the representation of the writ petitioners was not required to be considered at all. Issue notice, returnable 3 (three) weeks. Steps for service of notice by the petitioner within a period of 3 (three) working days from today. List the matter again on 14.10.2026. Till the next returnable date, the requirement for the District Commissioner to consider the application received by the Addl. District Commissioner (Revenue) on 21.05.2019, would not required to be carried out. Extra copies of the petition to be served upon counsels representing State respondents. JUDGE Comparing Assistant