Gauhati High Court
I.A.(Civil)/1344/2026 of MRS MANJITA KALITA CHOWDHURY Vs THE STATE OF ASSAM AND 5 OHERS on 8 June 2026
GAHC010083262026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1344/2026 MRS MANJITA KALITA CHOWDHURY W/O SRI ANUSHIK CHOWDHURY, R/O- RUKMINIGAON, OPP HDFC BANK, HOUSE NO. 86, P.O KHANAPARA, P.S DISPUR, DIST. KAMRUP METRO, ASSAM,
GAHC010083262026
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/1344/2026
MRS MANJITA KALITA CHOWDHURY
W/O SRI ANUSHIK CHOWDHURY,
R/O- RUKMINIGAON, OPP HDFC BANK, HOUSE NO. 86, P.O KHANAPARA, P.S DISPUR, DIST. KAMRUP METRO, ASSAM,
VERSUS
THE STATE OF ASSAM AND 5 OHERS
THROUGH THE SECRETARY TO THE GOVERNMENT OF ASSAM, REVENUE
DEPARTMENT, DISPUR, GUWAHATI-6
2:THE DISTRICT COMMISSIONER
KAMRUP M HENGRABARI
GUWAHATI-06
3:THE ADDITIONAL DISTRICT COMMISSIONER KAMRUP (M) CUM
DISTRICT BAKIJAI OFFICER
KAMRUP M HENGRABARI
GUWAHATI-06.
4:THE REGISTRAR
REAL ESTATE REGULATORY AUTHORITY
JAWAHAR NAGAR
N.H 27 KHANAPARA
GUWAHATI. PIN- 781022
5:DR MADHURJYA BHATTACHARYYA
R/O- FLAT NO.1B
USHA APARTMENTS
KALYANI SAGAR PATH
KALYANI NAGAR
BHAGADUTTAPUR
KAHILIPARA
P.O-KAHILIPARA
P.S.-DISPUR
DIST. KAMRUP M
ASSAM
6:SMTI BINITA SARMA
R/O- FLAT NO.1B
USHA APARTMENTS
KALYANI SAGAR PATH
KALYANI NAGAR
BHAGADUTTAPUR
KAHILIPARA
P.O-KAHILIPARA
P.S.-DISPUR
DIST. KAMRUP M
ASSAM
PIN-781019
Advocate for the Petitioner : MR B ISLAM, MR. B D GOSWAMI,MR. J C GOGOI
Advocate for the Respondent : GA, ASSAM, MR. R SINHA
Linked Case : WP(C)/5921/2025
DR MADHURJYA BHATTACHARYYA AND ANR
SON OF LATE JANARDAN BHATTACHARYA RESIDENT OF - - FLAT NO 1B
USHA APARTMENTS
KALYANI SAGAR PATH
KALYANI NAGAR
BHAGADUTTAPUR
KAHILIPARA
P.O-- KAHILIPARA
P.S-- DISPUR
DISTRICT-- KAMRUPM GUWAHATI-781019
ASSAM.
2: SRIMATI BINITA SARMA
WIFE OF DR. MADHURJYA BHATTACHARYYA
RESIDENT OF - - FLAT NO 1B
USHA APARTMENTS
KALYANI SAGAR PATH
KALYANI NAGAR
BHAGADUTTAPUR
KAHILIPARA
P.O KAHLIPARA
P.S-- DISPUR
DISTRICT-- KAMRUPM GUWAHATI-781019
ASSAM.
VERSUS
THE STATE OF ASSAM AND ORS
THROUGH THE SECRETARY TO THE GOVERNMENT OF ASSAM
REVENUE DEPARTMENT
DISPUR
GUWAHATI-6.
2:THE DISTRICT COMMISSIONER
KAMRUP M
HENGRABARI
GUWAHATI
3:THE ADDITIONAL DISTRICT COMMISSIONER
KAMRUP M CUM DISTRICT BAKIJAI OFFICER
KAMRUPM
HENGRABARI
GUWAHATI
4:M/S AARVEE ASSOCIATES
REPRESENTED BY ITS PROPRIETOR SRIMATI MANJITA KALITA
CHOUDHURY HAVING ITS REGISTERED OFFICE AT RUKMINIGAON
OPPOSITE OF HDFC BANK
HOUSE NO. 86
GUWAHATI-- 781002
DISTRICT-- KAMRUPM
ASSAM.
5:SRIMATI MANJITA KALITA CHOUDHURY
W/O-- SRI ANUSHIK CHOUDHURY RUKMINIGAON
OPPOSITE OF HDFC BANK
HOUSE NO. 86
GUWAHATI-- 781002
DISTRICT-- KAMRUPM
ASSAM.
6:REAL ESTATE REGULATORY AUTHORITY
REPRESENTED BY THE REGISTRAR
JAWAHAR NAGAR N.H 27 KHANAPARA
GUWAHATI-781022
------------
Advocate for the applicant(s): Mr. BD Goswami Advocate for the writ petitioners(s): Mr. R Singha B E F O R E
HON’BLE MR. JUSTICE DEVASHIS BARUAH
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ORDER
09.06.2026 Heard Mr. BD Goswami, the learned counsel appearing on behalf of the applicant. Also heard Mr. R Singha, the learned counsel who appears on behalf of the writ petitioners in the accompanying writ petition.
2. Today, Mr. BD Goswami, the learned counsel appearing on behalf of the applicant has handed over a demand draft bearing No.500171, in favour of the petitioner No.1 of an amount of Rs.12,32,835/-, which was the remaining amount payable by the applicant to the writ petitioners.
3. A copy of the said demand draft is kept on record and marked with the letter ‘Z1’.
4. Mr. R Singha, the learned counsel appearing on behalf of the writ petitioners has duly accepted the demand draft bearing No.500171 dated 09.06.2026 of an amount of Rs.12,32,835/-, drawn in favour of the petitioner No.1 in the accompanying writ petition issued by the ICICI Bank, Guwahati.
5. Taking into account the above, nothing further remains to be adjudicated upon in the instant application as well as the accompanying writ proceedings. Accordingly, the instant application stands closed. The accompanying writ petition being WP(C)No.1344/2026 also stands closed as full and final satisfaction to the order dated 25.10.2023, passed by the Chairperson and Member of the Real Estate Regulatory Authority, Assam.
6. This Court further observes that in view of the satisfaction to the order dated 25.10.2023, passed by the Chairperson and Member of the Real Estate Regulatory Authority, Assam, the proceedings before the Bakijai Officer initiated on the basis of the said order dated 25.10.2023, passed by the Chairperson and Member of the Real Estate Regulatory Authority, Assam also stands closed.
7. This Court observes and directs that the Attachment of the immovable property belonging of the petitioners by the order dated 27.04.2026 is set aside and consequently, the immovable property of the petitioners, which is the two- storey RCC building and the 3(three) rooms in the 3rd floor bearing Dag No.1084 and KP Patta No.185 (old), 800 (new) within Revenue Village Rukminigaon (Lot No.11), Mouza: Beltola, under Dispur Revenue Circle is removed from any form of attachment in respect to the present proceedings initiated against the applicant.
8. Interlocutory application, accordingly, stands closed.
JUDGE Comparing Assistant