GAHC010071192024

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THE GAUHATI HIGH COURT

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

Case No. : WP(C)/2335/2024

AHMED HUSSAIN BARBHUIYA

S/O- LATE KAYEM UDDIN BARBHUIYA, RESIDENT OF KADAMTALA,

RONGPUR PART-IV, P.O. RONGPUR, P.S. RONGPUR OUT POST, SILCHAR IN

THE DISTRICT OF CACHAR, ASSAM, PIN- 781009

VERSUS

THE STATE OF ASSAM AND 11 ORS

REPRESENTED BY THE CHIEF SECRETARY, TO THE GOVT. OF ASSAM,

DISPUR, GUWAHATI-6, DISTRICT- KAMRUP (M)

2:THE ADDITIONAL CHIEF SECRETARY TO THE GOVT. OF ASSAM

HOME AND POLITICAL (B) DEPARTMENT

DISPUR

GUWAHATI-6

KAMRUP (M) ASSAM

3:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM

HOME AND POLITICAL (B) DEPARTMENT

DISPUR GUWAHATI-6

KAMRUP (M)

ASSAM

4:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM

FINANCE DEPARTMENT

DISPUR GUWAHATI

5:THE JOINT SECRETARY TO THE GOVT. OF ASSAM

HOME AND POLITICAL DEPARTMENT

DISPUR GUWAHATI-6

6:THE DEPUTY SECRETARY TO THE GOVT. OF ASSAM

HOME AND POLITICAL DEPARTMENT

DISPUR GUWAHATI-6

7:THE DISTRICT COMMISSIONER CACHAR SILCHAR- 788001 ASSAM

8:THE SUPERINTENDENT OF POLICE CACHAR SILCHAR- 788001 ASSAM

9:THE ADDITIONAL DISTRICT COMMISSIONER CACHAR SILCHAR PIN- 788001

10:THE EXECUTIVE ENGINEER PWD BUILDING DIVISION UDHARBOND LAKHIPUR BARKHOLA AND KATIGORAH UDHARBOND DIST. CACHAR ASSAM PIN- 788001

11:THE CHIEF EXECUTIVE OFFICER CACHAR ELECTRICAL CIRCLE APDCL RONGPUR SANTIPARA SILCHAR CACHAR ASSAM PIN- 788001

12:THE GENERAL MANAGER SILCHAR ZONE APDCL SILCHAR CACHAR ASSAM PIN- 78800 For the petitioner (s) : Mr. I. Alalm, Advocate For the respondent (s) : Mr. B. Gogoi, SC, PWD & Fiinance BEFORE HON’BLE MR. JUSTICE DEVASHIS BARUAH O R D E R

16.12.2025 Heard Mr. I. Alam, the learned counsel appearing on behalf of the petitioner and Mr. B. Gogoi, the learned Additional Advocate General who appears on behalf of the Home Department as well as the District Administration, Cachar.

2. The admitted facts in the present proceedings are that w.e.f. 01.09.2019, the petitioner's building was taken on lease by the Respondent Authorities. It is the claim of the petitioner that the rent was fixed at Rs.3,08,940/- excluding taxes which was also certified by the Executive Engineer, PWD as seen from Annexure- 11 to the writ petition. It is seen from the various orders passed by this Court that the Respondent Authorities were earlier agreeable with the rate as stipulated in Annexure-11 to the writ petition. Be that as it may, the Respondent Authorities on their own again revised the lease rent to Rs.1,22,848/- per month.

3. The admitted facts further show that not a single penny has been paid to the petitioner since 01.09.2019 and the Respondent Authorities have continued to use and occupy the petitioner's building.

4. The petitioner is not only aggrieved by non-payment of the rent, but is also aggrieved by the continued occupation of the building against his wishes. Under such circumstances, this Court passed an order on 01.12.2025 enquiring when the Respondent Authorities would vacate the premises of the petitioner and it was also observed that the said should not be beyond

31.12.2025.

5. When the matter was enlisted before this Court on 12.12.2025, the Additional Advocate General, Assam submitted that some more time may be granted to the respondents to vacate the premises. In that regard, this Court gave liberty to the respondents to file affidavit(s). In pursuance thereto, two affidavits have been filed, one by the respondent No.7 and the other by the respondent No.8.

6. In the affidavit filed by the respondent No.7 who is the District Commissioner, Cachar, it is mentioned that the District Commissioner, Cachar shall make a payment of ₹8,77,863/- being the rent for the period from 26.08.2019 to 31.03.2020 at the rate of ₹1,22,848/-. In that regard, this Court finds it relevant to reproduce paragraph No.4 of the said affidavit filed by the respondent No.7 which is as under:-

“4. That, the deponent begs to state that a meeting was convened under the chairpersonship of the Commissioner & Secretary to the Gov