GAHC010226062025

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THE GAUHATI HIGH COURT

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

Case No. : 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 GUWAHATI

3:THE ADDITIONAL DISTRICT COMMISSIONER

KAMRUP M CUM DISTRICT BAKIJAI OFFICER

KAMRUPM

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-78102 Advocate for the Petitioner : MR R SINGHA, MS S PATOWARY Advocate for the Respondent : SC. REVENUE, GA, ASSAM BEFORE THE HON’BLE MR JUSTICE ARUN DEV CHOUDHURY

O R D E R

04.11.2025

1. Pursuant to this court’s order dated 23.10.2025 and dated 03.11.2025, Mr. N Goswami, learned State counsel received the following instruction:

“With reference to the subject cited above, I would like to inform you that the report from the Executive Engineer, PWD, Dispur and Dimoria Territorial bldg. Divn. has been received on 03.11.2025 vide letter No. TB/12-562/Pt.-1/2025-26/ 8030 dated 01.11.2025 and the estimated valuation of the property occupied by the Certificate Debtor Smt. Manjitha Kalita of NH 27, Ahomgaon, Guwahati-781034 under Beltola Mouza Town-Rukminigaon, Khiraj Myadi Patta No. 800, Dag No. 1084 and 6.70 (are) of land is Rs. 76,70,974.00 (Rupees Seventy Six Lakh Seventy Thousand Nine Hundred Seventy Four) only (Copy Enclosed).

In this regard, I would like to request you that the process of Proclamation of sale or attachment of property by this office will take at least 90 (ninety) days time to complete as there is legal provision as per law and BPDR Act, 1913.”

2. From the aforesaid, it is seen that though the building is valued there is no reference of the value of the land in question though it is proposed that proclamation of sale and attachment of the property will be initiated and for which 90 days period of time is required, this court would like, more particularly, to avoid further complication to have a complete instruction as to whether the valuation reflected hereinabove includes the value of the land and schedule of the property.

3. List this matter again on 06.11.2025.

JUDGE Comparing Assistant