The court emphasized the duty of State authorities to protect ancient monuments and directed the Archaeological Survey of India to conduct inspections despite ongoing land disputes, while mandating that revenue authorities resolve discrepancies in land records concerning protected historical sites following natural justice principles.

ORDER

(K.R. Surana, J)

Heard Mr. B.D. Das, learned Senior Counsel assisted by Mr. D. Thaosen, learned counsel for the petitioners. Also heard Mrs. S. Sarma, learned Government Advocate appearing for respondents no. 1, 3 and 6; Mr. R.K.D. Choudhury, learned Deputy Solicitor General of India, representing respondents no. 2 and 4 and Mr. R. Dhar, learned Standing Counsel for the Sericulture Department of Government of Assam, representing respondent No. 5.

2. The learned Standing Counsel for the Sericulture Department has submitted that pursuant to the order passed earlier, an affidavit has been filed on behalf of respondent no. 5 by the Additional Director, Sericulture, Government of Assam, on 06.03.2023, inter-alia stating that in compliance with the order dated 18.11.2025, all necessary steps are being taken to vacate and shift all the assets of the sericulture farm standing on the Khaspur Rajbari land, further projecting that all the movable assets of the Government Collective Mulberry Garden, Eri Concentrated Center and Village Grazing Reserve have been shifted to other farms/centers under the Assistant Director of Sericulture, Cachar. He has submitted that for shifting the immovable properties from the site, auction is being proposed for which they require some time. So, it is submitted that the auction would be carried out through the Office of the District Commissioner, Cachar.

3. In view of the ensuing election which has been notified, this Court is inclined to provide some time to the Sericulture Department to do the needful. However, on the next date of listing, respondent no. 5 shall inform the Court about the then prevailing status of the issue of shifting.

4. In so far as the Deputy Commissioner, Cachar (respondent no. 3) is concerned, we take note of the contents of the affidavit filed by the respondent no. 3 on 27.10.2025 indicating, amongst others, that as per the report of the Assistant Settlement Officer, Udharbond Revenue Cricle, Udharbond, Cachar, an area of 120 Bigha 18 Katha 5 Chatak is recorded in the name of “Rajya Sarkar” and in the remarks column of the Citha, the name of “Rajbari” has been mentioned. It is also stated that the said land has been demarcated in the presence of both parties.

5. There is no clarity in the said statement made in paragraph 3 of the affidavit-in-opposition as to who are the two parties. It is further mentioned that out of 120 Bigha 18 Katha 5 Chatak, 60 Bigha of land is in occupation of the Sericulture Department, which is within the boundary of the ancient monument and on the western side of the Sericulture Planation area, there is a Vishnu Temple at a distance of 42 meters and the Sericulture Plantation area starts at a distance of 16 meter from an ancient structure, locally known as Kali Temple.

6. Therefore, we find that there is no clarity in the said affidavit regarding the distance of the plantation area from the protected monument i.e. Kachari Ruins.

7. Be that as it may, the Registry of this Court is in receipt of a letter bearing No. URC.124/2012/Pt-I/7, which is available at Flag-X of the record. It would be appropriate to quote the contents of the said letter dated 16.10.2024, as the contents of the said letter are found to be contrary to the stand taken by the Additional Deputy Commissioner in the affidavit filed on 27.10.2025 which has been referred to hereinabove.

“With reference to the subject cited above, I have the honour to inform you that as per report of LR staff of this Circle, it appears from the Office record that the name of Alni Pathimara Tea Estate was recorded in the year 1918/19 under R. S.