I.A.(Civil)/2156/2026 of RABI GOWALA AND ORS Vs THE STATE OF ASSAM AND ORS on 22 June 2026

ORDER

Date : 23-06-2026 Heard Mr. S. Borthakur, learned Senior Counsel assisted by Mr. S. Dey, learned counsel for the applicants-petitioners; Mr. A. Bhattacharyya, learned Standing Counsel, Revenue Department for the opposite parties-respondent nos. 1, 2 & 3; and Ms. M. Barman, learned Junior Government Advocate, Assam for the opposite parties-respondent nos. 4, 5 & 6.

2. The applicants as the writ petitioners have preferred the accompanying writ petition, W.P.[C] no. 1340/2025 wherein the applicants-petitioners have stated that they are annual patta/periodic patta/allotment holders of different parcels of land at Village – Hatikhuli Tea Estate, Mouza – Kaziranga, Bokakhat Revenue Circle, District – Golaghat, Assam. The petitioners have submitted that a project is presently being undertaken for construction of a hotel in and around the plots of land which were used by the applicants-petitioners for cultivation. The applicants-petitioners have apprehended that without measurement and demarcation of their plots of land, if the project of construction of the hotel is allowed to continue and in the process, their plots of land are utilized, situation would not be possible to be reversed.

3. Mr. Borthakur, learned Senior Counsel has pointed out that by issuance of notices on 08.04.2025, the opposite party-respondent no. 6 has already initiated a proceedings for measurement and demarcation of the plots of land which are being utilized by the applicants-petitioners for cultivation purpose and the applicants-petitioners were put to notice to participate in the measurement and demarcation proceedings. But after issuance of the Notice on 08.04.2025, the measurement and demarcation proceedings has not been proceeded in a satisfactory manner to bring the proceedings to a conclusion. In the meantime, the construction for the project is in progress.

4. The instant interlocutory application is preferred seeking a direction to maintain status quo in respect of the plots of land claimed by the applicants- petitioners as their own at Village – Hatikhuli Tea Estate until disposal of the accompanying writ petition, W.P.[C] no. 1340/2025.

5. Having regard to the projections made in this application in the afore- stated manner, this Court is of the considered view that the respondent no. 6 who has initiated the proceedings of measurement and demarcation of the plots of land in and around the project of construction of a hotel, which is in progress presently, and which has likelihood of affecting the plots of land which are claimed by the applicants-petitioners as annual patta holders/periodic patta holders/allotment holders, the respondent no. 6 is to bring the measurement and demarcation proceeding so initiated by the Notice date d08.04.2025 to a conclusion as expeditiously as possible, preferably within a period of one month from today by allowing participation of the applicants-petitioners and by allowing them to submit all the supporting documents in support of their respective claims.

6. With the observations and directions given above, the instant application stands disposed of.

7. A copy of this order is to be supplied to Ms. Barman appearing for the opposite parties-respondent nos. 4, 5 & 6 to transmit the same to the opposite party no. 6 so as to enable the said authority to take steps in terms of this order from his end.

JUDGE Comparing Assistant