Gauhati High Court

WP(C)/2195/2020 of NIRANJAN SARMA AND 11 ORS Vs THE STATE OF ASSAM AND 7 ORS on 2 November 2026

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GAHC010071142020 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2195/2020 NIRANJAN SARMA AND 11 ORS S/O SRI RAMESH SARMA, R/O VILL. RAMPUR NO. 3, P.O. RAMPUR, PS. LEKHAPANI, SUB DIV- MARGHERITA, DIST. TINSUKIA, ASSAM, PIN-786188 2: SASHI

GAHC010071142020

THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/2195/2020

NIRANJAN SARMA AND 11 ORS

S/O SRI RAMESH SARMA, R/O VILL. RAMPUR NO. 3, P.O. RAMPUR, PS.

LEKHAPANI, SUB DIV- MARGHERITA, DIST. TINSUKIA, ASSAM, PIN-786188

2: SASHI KALA SHARMA

S/O LT. BAL BAHADUR GURUNG

R/O VILL. AHOMPATHAR

P.O. JAGUN

SUB DIV- MARGHERITA

P.S. LEKHAPANI

DIST. TINSUKIA

ASSAM

PIN-786188

3: SANU SHARMA

S/O SRI DILLIRAM SHARMA

R/O VILL. ABORGAON

P.O. BISHNUPUR

SUB DIV- MARGHERITA

P.S. LEKHAPANI

DIST. TINSUKIA

ASSAM

PIN-786188

4: PREM KUMAR GURUNG

S/O PADMADEBI LIMBU

R/O ABORGAON

P.O. BISHNUPUR

SUB DIV- MARGHERITA

P.S. LEKHAPANI

DIST. TINSUKIA

ASSAM

PIN-786188

5: TIKARAM LIMBU

S/O LT. RATANMAN LIMBU

R/O VILL. PHULBARI N.C. P.O. JAGUN

SUB DIV- MARGHERITA

P.S. LEKHAPANI

DIST. TINSUKIA

ASSAM

PIN-786188

6: TILAK PRASAD SHARMA

S/O SRI SHOBHAKAR SHARMA

R/O VILL. LEKHAPANI GRANT NO. 2

P.O. LEKHAPANI

SUB DIV- MARGHERITA

P.S. LEKHAPANI

DIST. TINSUKIA

ASSAM

PIN-786182

7: GANESH CHETRY

S/O LT. JIL BAHADUR CHETRY

R/O VILL. PARBATIPUR GAON

P.O. JAGUN

SUB DIV- MARGHERITA

P.S. LEKHAPANI

DIST. TINSUKIA

ASSAM

PIN-786188

8: KESHAV SONAR

S/O LT. BHAKTA BAHADUR SONAR

R/O VILL. LALPAHAR GAON

P.O. LEKHAPANI

SUB DIV- MARGHERITA

P.S. LEKHAPANI

DIST. TINSUKIA

ASSAM

PIN-786182

9: KUMAR CHETRY

S/O SRI PREM BAHADUR CHETRY

R/O VILL. NEPALI GAON

LEKHAPANI

P.O. LEKHAPANI

SUB DIV- MARGHERITA

P.S. LEKHAPANI

DIST. TINSUKIA

ASSAM

PIN-786182

10: DEEPAK CHETRI

S/O DEB BAHADUR CHETRY

R/O VILL. PARBOTIPUR

P.O. JAGUN

SUB DIV- MARGHERITA

P.S. LEKHAPANI

DIST. TINSUKIA

ASSAM

PIN-786188

11: SRI DEV GURUNG

S/O LT. BAL BAHADUR GURUNG

R/O VILL. AHOMPATHAR

P.O. JAGUN

SUB DIV- MARGHERITA

P.S. LEKHAPANI

DIST. TINSUKIA

ASSAM

PIN-786188

12: DILIP CHETRI

S/O LT. TEK BAHADUR CHETRY

R/O VILL. AHOM PATHAR

P.O. JAGUN

SUB DIV- MARGHERITA

P.S. LEKHAPANI

DIST. TINSUKIA

ASSAM

PIN-78618

VERSUS

THE STATE OF ASSAM AND 7 ORS

REP. BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM, SACHIVALAYA, DISPUR, GUWAHATI- 781006.

2:THE SECRETARY

TO THE GOVT. OF ASSAM

REVENUE

RELIEF AND REHABILITATION DEPTT. ASSAM SACHIVALAYA

DISPUR

GUWAHATI-781006

3:THE JOINT SECRETARY

TO THE GOVT. OF ASSAM

REVENUE AND DISASTER MANAGEMENT (S) DEPTT. ASSAM

SACHIVALAYA

DISPUR

GUWAHATI-781006

4:THE UNDER SECRETARY

TO THE GOVT. OF ASSAM

REVENUE AND DISASTER MANAGEMENT (S) DEPTT. ASSAM

SACHIVALAYA

DISPUR

GUWAHATI-781006

5:THE SECRETARY

TO THE GOVT. OF ASSAM

WELFARE OF PLAIN TRIBES AND BACKWARD CLASS DEPTT.

SACHIVALAYA

DISPUR

GUWAHATI-781006

6:THE DEPUTY COMMISSIONER

TINSUKIA

O/O THE DEPUTY COMMISSIONER

TINSUKIA P.O. BORGURI

DIST. TINSUKIA

786125

7:THE SUB DIVISIONAL OFFICER (CIVIL)

MARGHERITA

O/O THE SDO (CIVIL) MARGHERITA

P.O. MARGHERITA

DIST. TINSUKIA

786181

8:THE CIRCLE OFFICER

MARGHERITA SUB DIVISION

P.O. MARGHERITA

DIST. TINSUKIA

78618

Advocate for the petitioner(s): Mr. S Sarma Advocate for the respondent(s): Ms. N Bordoloi, Standing Counsel Revenue and Disaster Management Dept. Govt. of Assam Mr. J Handique, Govt. Advocate, Assam

B E F O R E

HON’BLE MR. JUSTICE DEVASHIS BARUAH

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ORDER

03.11.2026

Heard Mr. S Sarma, the learned counsel appearing on behalf of the petitioners. Also heard Ms. N Bordoloi, the learned Standing Counsel, Revenue and Disaster Management Department, Govt. of Assam and Mr. J Handique, the learned Government Advocate, Assam.

2. The present writ petition has been filed by the petitioners being aggrieved by the communication dated 31.12.2015 issued by the respondent No.3 to the respondent No.6, and further, the petitioners had also sought for directions upon the respondent authorities, more particularly the respondent Nos.1 to 6, to clarify and decide the residential/protected class status of the community of the petitioners or of the people of the Gorkha/Nepali community belonging to Tirap Tribal Belt of Tinsukia District by virtue of the Government Notification dated 27.12.1947 and the Government Notification dated 19.03.1996.

3. It is seen that during the pendency of the instant proceedings, the Governor of Assam has issued a Notification dated 18.08.2025. The said Notification is kept on record and marked with the letter ‘X’. The contents of the said Notification being relevant are reproduced herein under: “GOVERNMENT OF ASSAM REVENUE & DISASTER MANAGEMENT DEPARTMENT : SURVEY & SETTLEMENT BRANCH ASSAM SECRETARIAT (CIVIL) : DISPUR GUWAHATI-6

ORDER BY THE GOVERNOR NOTIFICATION Dated 18-08-2025 No.ECF.647686/I/1211687/2025: In exercise of powers conferred by Sub-section (2) of Section 160 of Chapter-X of the Assam Land and Revenue Regulation, 1886 (as amended), the Governor of Assam is pleased to include the Ahom, Matak, Moran, Chutia, Gorkha, Koch Rajbongshi, Tea Garden and Adivasi communities in the list of protected classes of persons in the Tirap Tribal Belt, with immediate effect.

Additional Chief Secretary to the Govt. of Assam, Revenue & Disaster Management Department”

4. From a perusal of the said Notification, it is seen that the Governor of Assam has been pleased to include the Ahom, Matak, Moran, Chutia, Gorkha, Koch- Rajbongshi, Tea Garden and Adivasi communities in the list of protected class of persons in the Tirap Tribal Belt with immediate effect.

5. The learned counsel appearing on behalf of the petitioners, therefore, submitted that in view of the said Notification dated 18.08.2025, the contents of which have been quoted herein-above, the grievances of the petitioners have been redressed.

6. Accordingly, the instant writ petition, therefore, stands closed.

7. It is further observed that if the protected class of persons in the Tirap Tribal Belt are provided any benefits, the same shall ensue upon the petitioners if they belong to the communities as mentioned in the Notification dated 18.08.2025.

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