Gauhati High Court
WP(C)/5935/2024 of PARAMESWARI DEVI Vs THE STATE OF ASSAM AND 5 ORS on 23 June 2026
GAHC010222412024 2026:GAU-AS:9238 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5935/2024 PARAMESWARI DEVI D/O- LATE KANDARPA SARMA, VILLAGE- DIHJARI, P.O- NANKARBHAIRA, P.S- NALBARI, SUB DIV- NALBARI, DIST- NALBARI, ASSAM VERSUS THE STATE
GAHC010222412024
2026:GAU-AS:9238
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/5935/2024
PARAMESWARI DEVI
D/O- LATE KANDARPA SARMA,
VILLAGE- DIHJARI, P.O- NANKARBHAIRA,
P.S- NALBARI,
SUB DIV- NALBARI, DIST- NALBARI, ASSAM
VERSUS
THE STATE OF ASSAM AND 5 ORS
REP. BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM, HEALTH AND FAMILY WELFARE DEPARTMENT
DISPUR, JANATA BHAWAN, GUWAHATI-6.
2:THE PRINCIPAL SECRETARY
TO THE GOVERNMENT OF ASSAM
REVENUE AND DISASTER MANAGEMENT DEPARTMENT
DISPUR
GUWAHATI - 781006
3:DIRECTOR OF HEALTH SERVICES
ASSAM
HENGRABARI
GUWAHATI-34
4:JOINT DIRECTOR OF HEALTH SERVICES
NALBARI
ASSAM
PIN-783101
5:THE DEPUTY COMMISSIONER
NALBARI
ASSAM
PIN-783101
6:THE CIRCLE OFFICER
GHAGRAPAR REVENUE CIRCLE
P.O- NANKARBHAIRA
P.S AND DIST-NALBARI
ASSAM
PIN-78310
For the Petitioner(s) : Mr. M. H. Ahmed, Advocate For the Respondent(s) : Ms. D. Borah, Standing Counsel : Mr. N. Goswami, Government Advocate BEFORE
HONOURABLE MR. JUSTICE DEVASHIS BARUAH
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ORDER
Date : 24.06.2026
Heard Mr. M. H. Ahmed, the learned counsel appearing on behalf of the Petitioner and Ms. D. Borah, the learned Standing counsel appearing on behalf of the Respondent Nos. 1, 2, 3 & 4. I have also heard Mr. N. Goswami, the learned Government Advocate appearing on behalf of the Respondent Nos. 5 and 6.
2. The Petitioners herein claimed that they are owners of a plot of land admeasuring 1 Katha 7 Lechas covered by Dag No.467 included in K.P. Patta No.34 situated at Dihjari under Mouza Paschim Banbhag under Ghagrapar Revenue Circle in the District of Nalbari.
3. It is the specific case of the Petitioner that upon the land of the Petitioner, the Respondent Nos. 1 to 4 are running the
Dihjari Health Sub-Centre without the permission of the Petitioner and/or without acquiring or requisitioning the land of the Petitioner. It is under such circumstances, the Petitioner has approached this Court.
4. This Court has also taken note of the affidavit-in-opposition filed by the Respondent No.6 wherein it is categorically mentioned that the land of the Petitioner is in Dag No.464 of K.P. Patta No.34 and not the land which is claimed in the writ petition which is Dag No.467. The said aspect is also apparent from the Jamabandi copy wherein it is categorically mentioned as Dag No.464 of K.P. Patta No.34.
5. Taking into account that the entire edifice on which the Petitioner has filed the instant writ petition appears to be faulty, the writ petition stands dismissed.
6. Liberty however is given to the Petitioner to again approach this Court in the circumstance the Petitioner has proper materials to show that the land of the Petitioner which is in Dag No.464 of K.P. Patta No.34 had been encroached by any authorities.
JUDGE Comparing Assistant