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2026 Supreme(Online)(Gau) 20830
HIGH COURT OF GAUHATI
Devashis Baruah, J
Sanjay Kumar Mishra – Appellant
Versus
State of Assam – Respondent
WP(C)/7048/2025
For the Appellants/Petitioners: I. S. Mazumdar
For the Respondents: M. Barman
A writ petition is not the appropriate remedy for a dispute of a primarily civil nature, such as defamation; the aggrieved party must approach a competent Civil Court.
Headnote:The petitioners approached the High Court alleging defamation by a web news portal. The court observed that the nature of the dispute is primarily civil. The court considered whether a writ petition was the appropriate remedy for a defamation claim. The court reasoned that since the dispute is of a civil nature, the petitioners should seek remedies before a competent Civil Court. Consequently, this Court closes the instant writ petition on withdrawal.
| Table of Content |
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| 1. petitioners allege defamation by a digital news portal. (Para 1 , 2) |
| 2. defamation claims are civil disputes requiring civil court jurisdiction. (Para 3 , 4) |
| 3. petition dismissed as withdrawn with liberty to seek civil remedies. (Para 5 , 6) |
BEFORE
HON’BLE MR. JUSTICE DEVASHIS BARUAH
O R D E R
19.06.2026
Heard Mr. I. S. Mazumdar, the learned counsel appearing on behalf of the Petitioners. Ms. M. Barman, the learned counsel appears on behalf of the Respondent Nos.1 to 4.
2. The learned counsel appearing on behalf of the Petitioners submitted that the Petitioners have been defamed by the Respondent No.5 in a programme published in the web news portal of “Times Guwahati”.
3. It is the opinion of this Court that the instant dispute is primarily a dispute which is of civil nature, and under such circumstances, the Petitioners would be well advised to approach the appropriate Civil Court in this regard.
4. The learned counsel appearing on behalf of the Petitioners submitted that the Petitioners may be permitted to withdraw the instant writ petition without prejudice to avail remedies before the competent Court of Civil Jurisdiction.
5. Consequently, this Court closes the instant writ petition on withdrawal.
6. However, liberty is given to the Petitioners to approach the competent Court of Civil Jurisdiction and the withdrawal of the instant writ petition shall not preclude or prejudice the Petitioners.
