Gauhati High Court
WP(C)/3433/2016 of GANESH CHANDRA SARMA Vs THE STATE OF ASSAM AND 8 ORS on 19 July 2026
GAHC010017502016 2026:GAU-AS:9928 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3433/2016 GANESH CHANDRA SARMA S/O LT. RATNA KANTA SARMA, R/O BARSAJAI, P.O. and P.S. BASISTHA, GUWAHATI, DIST- KAMRUP METRO, ASSAM VERSUS THE STATE OF ASSAM
GAHC010017502016
2026:GAU-AS:9928
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/3433/2016
GANESH CHANDRA SARMA
S/O LT. RATNA KANTA SARMA, R/O BARSAJAI, P.O. and P.S. BASISTHA, GUWAHATI, DIST- KAMRUP METRO, ASSAM
VERSUS
THE STATE OF ASSAM AND 8 ORS
REP. BY THE COMMISSIONER and SECY. TO THE GOVT. OF ASSAM, HOME
DEPTT., DISPUR, GHY-6
2:THE DIRECTOR GENERAL OF POLICE
ULUBARI
GUWAHATI
3:COMMISSIONER OF POLICE
GUWAHATI
4:DY. COMMISSIONER
KAMRUP METRO
5:OFFICER IN CHARGE
BASISTHA POLICE STATION
6:CIRCLE OFFICER
DISPUR REVENUE CIRCLE
GUWAHATI
ASSAM
7:LAT MANDAL
DISPUR REVENUE CIRCLE
KAMRUP METRO
ASSAM
8:LABANYA DAS
W/O LT. KRISHNA KANTA DAS
R/O H/NO.59
P.O. SILPUKHURI HOT POT RESTAURANT BHUBOR ROAD
UZAN BAZAR
DIST- KAMRUP METRO
GUWAHATI
ASSAM
9:SWAPNA DEVI
W/O LT. PHONINDRA LAL BRAMACHARYEE
R/O BARSAJAI
NEAR KALIMANDIR
P.O. LALMATI
GUWAHATI
DIST- KAMRUP METRO
ASSA
For the Petitioner(s) : Mr. A. Chaliha, Advocate For the Respondent(s) : Ms. M. Barman, Jr. GA, Assam BEFORE
HONOURABLE MR. JUSTICE DEVASHIS BARUAH
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ORDER
Date : 20.07.2026
Heard Mr. A. Chaliha, the learned counsel appearing on behalf of the Petitioner and Ms. M. Barman, the learned Junior Government Advocate appearing on behalf of the Respondent Nos. 1 to 7. None appears on behalf of the Respondent Nos. 8 and 9.
2. The present writ petition has been filed by the Petitioner being aggrieved by the actions on the part of the Respondent Nos. 8 and 9 in taking steps for dispossessing the Petitioner from the plot of land admeasuring 1 Bigha covered by Dag No.702(old)/3440(new)
included
in
K.P.
Patta No.29(old)/605(new) of Revenue village Barsajai under Mouza Beltola in the District of Kamrup (M) Assam.
3. This Court has duly perused the writ petition and a perusal of the writ petition reveals that it is a purely a civil dispute between the Petitioner and the Respondent Nos. 8 and 9. It is also seen that the Petitioner in order to invoke the Article 226 of the Constitution have arrayed the Respondent Nos. 1 to 7 to the writ petition.
4. It may not be out of place to mention that there is already a suit filed by the Petitioner pending before the Court of the Civil Judge (Junior Division) No.3, Kamrup (M) at Guwahati which has been registered and numbered as Title Suit No.73/2016.
5. Taking into account that there is already a suit pending and the dispute in question is purely a civil dispute, this Court is not inclined to entertain the instant writ petition for which the writ petition stands dismissed.
6. Before parting with the records, this Court makes it clear that the dismissal of the present writ petition shall not affect the inter-se rights of the Petitioner as well as the Respondent Nos. 8 and 9 in Title Suit No.73/2016.
JUDGE Comparing Assistant