GAHC010022352015

2026:GAU-AS:6921 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

PRINCIPAL SEAT AT GUWAHATI WP(C) No. 6015/2015 (i) M/s Sonarie Tea Company Private Limited, Regd. Office at Sonarie Tea Estate P.O. Sonari, District:Sivasagar, Represented by its Managing Director, Shri Manavi Ram Baruva.

(ii) Shri Manavi Ram Baruva, S/o Late Parbati Prasad Baruva, Kharghuli Hillside, Guwahati, District-Kamrup.

..... Petitioners Vs.

(i) The State of Assam, Represented by the Commissioner & Secretary, to the Government of Assam, Revenue & Disaster Management Department, Dispur, Guwahati-6.

(ii) The Deputy Commissioner, Sivasagar, District-Sivasagar.

(iii) The Director of Land Records, Government of Assam, Guwahati.

(iv) The Additional Deputy Commissioner (Rev), Sivasagar, District-Sivasagar.

(v) The S.D.O. (Civil), Charaideo, District- Sivasagar.

(vi) Charaidew Mohkuma Tai Ahom Sangskritik Santha, Charaidew, District- Sivasagar.

Respondents ………

WP(C) No. 1470/2020 (i) M/s Sonarie Tea Company Private Limited, Regd. Office at Sonarie Tea Estate P.O. Sonari, District:Sivasagar, Represented by its Managing Director, Shri Manavi Ram Baruva.

(ii) Shri Manavi Ram Baruva, S/o Late Parbati Prasad Baruva, Kharghuli Hillside, Guwahati, District-Kamrup.

..... Petitioners Vs.

(i) The State of Assam, Represented by the Commissioner & Secretary to the Government of Assam, Public Works Department (Road), Dispur, Guwahati-6. (ii) The Commissioner & Secretary to the Government of Assam, Revenue & Disaster Management Department, Dispur, Guwahati-6.

(iii) The Director of Land Records, Government of Assam, Guwahati.

(iv) Deputy Commissioner, District-Charaideo, PIN-782002.

(v) The S.D.O. (Civil), District- Charaideo, PIN-782445.

(vi) The Additional Deputy Commissioner (Rev), Sivasagar, District:Sivasagar-785640.

(vii) The Chief Engineer, Public Works Department (Road), Chandmari, Guwahati-781003.

(viii) The Additional Chief Engineer, Public Works Department (Road), Eastern Zone, Dibrugarh-786001.

(ix) The Executive Engineer, Public Works Department, Charaideo District Territorial Road Division, Charaideo-785690.

(x) The Superintending Engineer, Public Works Department Jorhat, Road Circle, Jorhat-785001.

(xi) Charaidew Mohkuma Tai Ahom Sangskritik Santha, Charaidew, District- Sivasagar.

Respondents

………

- B e f o r e-

HON’BLE MR. JUSTICE DEVASHIS BARUAH Advocate for the petitioner(s) : Mr. K. N. Choudhury, Senior Advocate.

Assisted by Mr. A. Das and Mr. M.

Das, Advocate.

Advocate for the respondent(s) : Mr. R. Borpujari, S.C., Revenue and Disaster Management Department for all the respondents.

Date of which Judgment is reserved : N/A Date of pronouncement of Judgment : 19.05.2026 Whether the pronouncement is of the : N/A operative part of the Judgment?

Whether the full judgment has been : Yes pronounced?

JUDGMENT & ORDER (ORAL)

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

A. Das and Mr. M. Das, learned counsels appearing on behalf of the petitioners in both the writ petitions. I have also heard Mr. R. Borpujari, learned Standing Counsel, Revenue and Disaster Management Department appearing on behalf of all the respondents in WP(C) No. 6015/2015 and for the respondent Nos. 2, 3, 4, 5 & 6 in WP(C) No. 1470/2020. None appears on behalf of the PWD Department in WP(C) No. 1470/2020, when the matter is called for.

2. Upon hearing the learned counsels appearing on behalf of the parties, it transpires that the outcome of WP(C) No. 1470/2020 would be dependent upon the adjudication in WP(C) No. 6015/2015. Under such circumstances, this Court takes up the first writ petition for adjudication and depending upon the decision in the first writ petition, this Court would take upon the second writ petition.

WP(C) No. 6015/2015

3. The present writ petition application was filed challenging the Order dated 27.03.2015 passed by the Additional Deputy Commissioner (Revenue), Sivasagar in Misc Case No. 05/2014, whereby, the land measuring 35 Bighas 4 Ka