Gauhati High Court
WP(C)/3662/2022 of PRASANTA BARUAH Vs THE STATE OF ASSAM AND 5 ORS on 12 July 2026
GAHC010104732022 2026:GAU-AS:9548 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3662/2022 PRASANTA BARUAH S/O- LATE BANESHWAR BARUAH, EDITOR-IN-CHIEF, MANGAL BATARI (WEEKLY NEWS PAPER), HOUSE NO. 183, KARIMCHOWK, M.B. ROAD, P.O. AND P.S.
GAHC010104732022
2026:GAU-AS:9548
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/3662/2022
PRASANTA BARUAH
S/O- LATE BANESHWAR BARUAH, EDITOR-IN-CHIEF, MANGAL BATARI
(WEEKLY NEWS PAPER), HOUSE NO. 183, KARIMCHOWK, M.B. ROAD, P.O.
AND P.S. MANGALDAI, DIST. DARRANG, ASSAM. PIN- 784125.
VERSUS
THE STATE OF ASSAM AND 5 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF ASSAM, REVENUE DEPARTMENT, DISPUR, GUWAHATI-
781006.
2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF
ASSAM
P.W.D. DEPARTMENT
DISPUR
GUWAHATI-781006.
3:THE DEPUTY COMMISSIONER
DARRANG
MANGALDAI
ASSAM
PIN- 784125.
4:THE CIRCLE OFFICER
MANGALDAI REVENUE CIRCLE
DARRANG
ASSAM. PIN- 784125.
5:THE EXECUTIVE ENGINEER
PWD DEPARTMENT
DARRANG
MANGALDAI
P.O. MANGALDAI
PIN- 784125.
6:THE EXECUTIVE OFFICER
MANGALDAI MUNICIPAL BOARD
DARRANG
ASSAM
PIN- 784125
Advocate for the petitioner(s): Mr. R Rahman Advocate for the respondent(s): Mr. J Handique, Govt. Advocate, Assam Mr. R Barpujari for respondent No.1
Mr. M Bhuyan
for respondent Nos.2 and 5
Mr. J Handique
for respondent Nos.3, 4 and 6
B E F O R E
HON’BLE MR. JUSTICE DEVASHIS BARUAH
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
ORDER
13.07.2026
Heard Mr. R Rahman, the learned counsel appearing on behalf of the petitioner. Mr. R Barpujari, the learned counsel appears on behalf of the respondent No.1. Mr. M Bhuyan, the learned counsel, who appears on behalf of respondent Nos.2 and 5 and Mr. J Handique, the learned counsel who appears on behalf of respondent Nos.3, 4 and 6.
2. The present writ petition has been filed by the petitioner challenging the notice dated 12.08.2021 whereby the petitioner has been issued notice along with 86 other persons to vacate the Government land covered by Dag Nos.466,473,524,677.
3. It is the specific case of the petitioner that the petitioner is the owner of a plot of land admeasuring 2 kathas under Dag No.517 of KP Patta No.870 of Mangaldoi Town (Tengabari) in the district of Darrang and as such, the petitioner ought not to have been issued the said notice dated 12.08.2021 inasmuch as, the petitioner is not in possession of the land covered by Dag Nos.466,473,524,677 of Chapai Mouza of Mangaldoi Town (Tengabari).
4. This Court has duly taken note of the documents which have been placed on record, wherein the petitioner claims ownership and possession over a plot of land admeasuring 2 kathas covered by Dag No.517 of KP Patta No.870 of Mangaldoi Town (Tengabari) in the district of Darrang. The records reveal that the petitioner’s name is shown in the record of rights over the said plot of land. Under such circumstances, the respondent authorities cannot evict the petitioner from the said patta land of the petitioner. On the other hand, it is also not in dispute that the petitioner claims no right over Dag Nos.466, 473, 524, 677 of Chapai Mouza within Mangaldoi Town.
5. Considering the above, this Court, therefore, disposes of the instant writ petition thereby directing the respondent authorities not to evict the petitioner from Dag No.517 of KP Patta No.870 of Mangaldoi Town (Tengabari) in the Darrang district.
6. The said directions/observations, however, shall not preclude the respondent authorities to initiate and take steps in respect to the land so mentioned in the notice dated 12.08.2021 in respect to Dag Nos.466, 473, 524,
677 under Chapai Mouza within Mangaldoi Town in the District of Darrang.
7. Writ petition, accordingly, stands disposed of.
8. Interim order passed earlier stands vacated.
JUDGE Comparing Assistant