ORDER :

MANISH CHOUDHURY, J.

Heard Mr. D. Senapati, learned counsel for the petitioner; Mr. A. Bhattacharyya, learned Standing Counsel, Revenue & Disaster Management Department, Government of Assam for the respondent nos. 1 – 3; and Mr. N. Goswami, learned Junior Government Advocate, Assam for the respondent nos. 4 – 6.

2. The petitioner has approached this Court aggrieved by an Order dated 28.07.2026 issued in Form C under Section 4[1] of the Assam Land [Requisition and Acquisition] Act, 1964 [‘the 1964 Act’, for short] read with Rule 5 of the Assam Land [Requisition and Acquisition] Rules, 1964 [‘the 1964 Rules’, for short] passed by the respondent no. 4 in connection with a parcel of land measuring 211 Bighas 1 Katha 19 Lessas at Village – Rajabali Bagan, Morangi Revenue Circle, District – Golaghat, Assam. By the Order dated 28.07.2026, the petitioner being the owner in occupation of the said parcel of land, has been directed to surrender or deliver possession to the respondent no. 6 being the authority authorized by the respondent no. 4, within ten days’ from the date of service of the Order for setting up Industrial Estate of Numuligarh Refinery Limited.

3. The impugned Order dated 28.07.2026 was preceded by an Order dated 06.05.2026 in Form B under Section 3[1] of the 1964 Act read with Rule 4 of the 1964 Rules. By the said Order, the respondent no. 4 had requisitioned the parcel of land with effect from the date of the Order for the purpose of ‘acquisition’ of land for setting up of Industrial Estate of Numuligarh Refinery Limited.

4. It is the case of the petitioner that against the Order dated 06.05.2026, the petitioner has preferred an appeal before the State Government on 29.05.2026 under Section 3[3] of the 1964 Act contending that the conditions required for passing an Order under Section 3[1] of the 1964 Act for requisitioning the parcel of land are not present for the respondent no. 4 as the person authorised by the State Government. It is the contention of the learned counsel for the petitioner that without the final decision of the State Government in the appeal, the respondent no. 4 as the Authorised Person could not have issued the impugned Order dated 28.07.2026. As the appeal preferred by the petitioner before the State Government on 29.05.2026 has not yet been disposed to till date, the impugned Order is without authority and jurisdiction.

5. When the writ petition was listed on 11.08.2026, the learned Standing Counsel, Revenue & Disaster Management Department, Government of Assam had sought time to obtain instructions as regards the status of the appeal, stated to have been filed by the petitioner before the State Government on 29.05.2026. Today, Mr. Bhattacharyya, learned Standing Counsel, Revenue & Disaster Management Department, Government of Assam has submitted, on the basis of the instructions received from the State Government in the Revenue & Disaster Management Department, that the appeal filed by the petitioner under Section 3[3] of the 1964 Act on 29.05.2026 is presently pending and is yet to be disposed of. 7. The Assam Land [Requisition and Acquisition] Act, 1964 was enacted to amend and consolidate the law for requisition and speedy of premises and land for certain public purposes. Section 3 and Section 4 of the 1964 Act have provided as under :-

3. Power to requisition.-

[1] If in the opinion of the State Government or any person authorised in this behalf by the State Government it is necessary so to do, for maintaining supplies and service essential to the life of the community or for providing proper facilities for accommodation, transport, communication, irrigation, flood control and anti-erosion measures including embankment and drainage or for providing land individually or in groups to landless, flood affected or displaced persons, or to a society registered under the Assam Co-operative Societies Act, 1949 [Assam Act I of 1950], or a company incorporated under Companies Act, 1956 [Act I of 19