GAHC010028852025 2026:GAU-AS:3036 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/792/2025 NUMALIGARH REFINERY LIMITED A COMPANY INCORPORATED IN INDIA AND HAVING ITS REGISTERED OFFICE AT 122A, G.S. ROAD, CHRISTIAN BASTI, GUWAHATI- 781005, ASSAM AND IS REPRESENTED BY SRI KAJAL SAIKIA, SON OF LATE MADHU SAIKIA, RESIDENT OF QUARTER NO. D-22, NUMALIGARH REFINERY TOWNSHIP, P.O. KANAIGHAT, DISTRICT- GOLAGHAT, ASSAM.

VERSUS THE STATE OF ASSAM AND 2 ORS.

REPRESENTED BY THE JOINT SECRETARY TO THE GOVERNMENT OF ASSAM, REVENUE AND D.M.(LR) DEPARTMENT, ASSAM, SECRETARIAT (CIVIL), DISPUR, GUWAHATI- 781006,ASSAM.

2:THE COLLECTOR CUM DEPUTY COMMISSIONER GOLAGHAT P.O. AND P.S. GOLAGHAT DISTRICT- GOLAGHAT ASSAM.

3:MOUCHAK AGRO LLP A LIMITED LIABILITY PARTNERSHIP HAVING ITS REGISTERED OFFICE AT MANIDUIP BUILDING JPR ROAD P.O. AND P.S. JORHAT DISTRICT JORHAT ASSAM AND IS REPRESENTED BY SRI SANJAY KUMAR BHOOPAL S/O SRI SANT KUMAR BHOOPAL RESIDENT OF MANIDUIP BUILDING JPR ROAD P.O. AND P.S. JORHAT DISTRICT JORHAT ASSAM ERSTWHILE MOUCHAK AGRO PRIVATE LIMITED WHICH WAS A REGISTERED COMPANY UNDER THE COMPANIES ACT Advocate for the Petitioner : Mr. K. N. CHOUDHURY; MR. A K SAHEWALLA, MR P GOGOI,MR D GOSWAMI Advocate for the Respondent : GA, ASSAM, MS. S YASMIN(R-3),MR H K SARMA,SC, REVENUE,FOR CAVEATOR,MR H K SARMA (R-3),MR D SENAPATI :::BEFORE:::

HON’BLE MR. JUSTICE KARDAK ETE Date on which judgment is reserved : 29.01.2026 Date of pronouncement of judgment : 27.02.2026 Whether the pronouncement is of the Operative part of the judgment : N/A Whether the full judgment has been Pronounced : Yes Judgment & Order (CAV)

Heard Mr. K. N. Choudhury, learned Senior Counsel assisted by Mr. A. K.

Sahewalla, learned counsel for the petitioner. Also heard Mr. J. Handique, learned Standing Counsel, Revenue Department, for the respondent No. 1; Mr. N. Goswami, learned State Counsel for the respondent No. 2 and Mr. D.

Senapati, learned counsel for the respondent No. 3.

2. The challenge made in this writ petition is to the order dated 16.09.2022 passed in LA Misc. Case No. 01/2022 by the District and Sessions Judge-cum- Land Acquisition and Rehabilitation and Resettlement Authority, Jorhat, whereby the Collector-cum-Deputy Commissioner, Golaghat was directed to make a reference on the basis of the application dated 18.04.2022 filed by respondent No. 3. The petitioner has also assailed the order dated 18.11.2024 passed in Misc. Case No. 06/2024 in LA Reference Case No. 02 of 2023 by the learned District and Sessions Judge-cum-Land Acquisition and Rehabilitation and Resettlement Authority, Jorhat, whereby Misc. Case No. 06/2024, filed by the petitioner objecting to the reference was rejected and the entire proceedings of LA Reference Case No. 02/2023 pending before the District and Sessions Judge-

cum-Land Acquisition and Rehabilitation and Resettlement Authority, Jorhat.

3. The petitioner, M/s Numaligarh Refinery Limited ( hereinafter referred to as the petitioner company in short), is a Government-owned company having its registered office at 122A, G.S. Road, Christian Basti, Guwahati, Assam. The petitioner company had published an offer for Expression of Interest dated 20.11.2020 inviting sealed offers from interested parties holding possession of such land for short listing prospective owners of land for lease rental or outright purchase, which would be suitable for the petitioner company’s various pre- project activities related to expansion and other enabling activities of the project.

4. Pursuant thereto, M/s Mouchak Agro Private Limited, the respondent No. 3 herein, expressed its interest vide letter dated 30.11.2020 for outright sale of land measuring approximately 600 Bighas, covered by Dag Nos. 93 and 94 under Patta No. (PP/AP)-02, situated at village Ouguri, Morangi Circle. Upon detailed scrutiny of the documents and price submitted by the intending participants in response to the Expression of Interest, the land