Page No.# 1/6 GAHC010232352024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6830/2024 JANA SING RONGHANG AND ANR S/O LUNSE RONGHANG, R/O VILL- LUNSE RONGHANG ARONG, P.O. AND P.S.-MANJA, PIN-782461, DIST- KARBI ANGLONG, ASSAM 2: SONA SING TERANG S/O LONGKI TERANG R/O VILL- LUNSE RONGHANG ARONG P.O. AND P.S.-MANJA PIN-782461 DIST- KARBI ANGLONG ASSA VERSUS THE UNION OF INDIA AND 13 ORS REPRESENTED BY THE SECRETARY TO THE MINISTER OF ROAD TRANSPORT AND HIGHWAYS, GOVERNMENT OF INDIA, NEW DELHI- 110001 2:THE NATIONAL HIGHWAYS AUTHORITY OF INDIA REPRESENTED BY THE CHAIRMAN G 5-6 DWARIKA NAGAR NEW DELHI-75 3:THE STATE OF ASSAM REPRESENTED BY THE SECRETARY TO THE DEPARTMENT OF HILL AREAS GOVT. OF ASSAM DISPUR KAMRUP (M) ASSAM PIN-781006 Page No.# 2/6 4:THE UNDER SECRETARY TO THE GOVT. OF ASSAM HILLS AREA DEPARTMENT DISPUR KAMRUP (M) ASSAM PIN-781006 5:THE KARBI ANGLONG AUTONOMOUS COUNCIL REPRESENTED BY THE PRINCIPAL SECRETARY DIPHU KARBI ANGLONG PIN-782460 6:THE SECRETARY DEPARTMENT OF REVENUE KARBI ANGLONG AUTONOMOUS COUNCIL DIPHU KARBI ANGLONG PIN-782460 7:THE JOINT SECRETARY CUM COMPETENT AUTHORITY FOR LAND ACQUISITION (CALA) REVENUE DEPARTMENT KARBI ANGLONG AUTONOMOUS COUNCIL DIPHU KARBI ANGLONG PIN-782460 8:THE GENERAL MANAGER (P) PMU DIPHU NHIDCL DIPHU KARBI ANGLONG PIN-782460 9:THE ASSISTANT REVENUE OFFICER PHULONI REVENUE CIRCLE PHULONI P.O.-PHULONI PIN-782481 DIST- KARBI ANGLONG ASSAM 10:JARI TERANG S/O LT. SAR-ET TERANG R/O VILL- LUNSE RONGHANG ARONG P.O. AND P.S.-MANJA Page No.# 3/6 PIN-782461 DIST- KARBI ANGLONG ASSAM 11:JENSING TERON S/O LONGKI TERON R/O ANGBONG TERON ARONG LANGPARPAN P.O. AND P.S.-BAKALIA PIN-782482 DIST- KARBI ANGLONG ASSAM 12:NOBIN RONGPI S/O DALASING RONGPI R/O MANAI RONGPI GAON LANGPARPAN P.O. AND P.S.-BAKALIA PIN-782482 DIST- KARBI ANGLONG ASSAM 13:BOLON TERANG S/O RAMSING TERANG R/O LUNSE RONGHANG GAON LANGPARPAN P.O. AND P.S.-BAKALIA PIN-782482 DIST- KARBI ANGLONG ASSAM 14:KANGBURA RONGHANG S/O MESING RONGHANG R/O MANAI TERANG ARONG LANGPARPAN P.O. AND P.S.-BAKALIA PIN-782482 DIST- KARBI ANGLONG ASSA Advocate for the Petitioner : MR. P BORDOLOI, MS M NIROLA Advocate for the Respondent : DY.S.G.I., A SARMA (R10-R14),MR. B CHAKRAVARTY (R10- R14),SC, K A A C,SC, NHAI,GA, ASSAM Page No.# 4/6 BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 30.03.2026 Heard Mr. P. Bordoloi, learned counsel appearing on behalf of the petitioners. Also heard Mr. C. Baruah, learned counsel for the respondent nos. 1, 2 & 8; Mr. N. Goswami, learned counsel for the respondent nos. 3 & 4; Mr. J. Chutia, learned counsel appearing for the respondent nos. 5 to 7; as well as Mr. B. Chakravarty, learned counsel, representing the respondent nos. 10 to 14. 2. The petitioners are the President and Secretary of Lunse Ronghang Village Development Committee. A plot of land measuring 17 bighas covered by Dag No. 75, Patta No. 14 under the Langparpan village of Duardisha Mouza, Phuloni Revenue Circle, District Karbi Anglong, Assam, have been using by the villagers as a cremation ground for the last 50 years. The National Highway Authority of India had undertaken a project of four lanning in the NH-29 from Parkhowa to Laharijan and for the aforesaid purpose, NHIDCL, i.e., respondent no. 8, had acquired the aforesaid plot of land and in this regard a notification was also been issued on 26.05.2020. It is the contention of the petitioner that after the issuance of the notification, the respondent nos. 10 to 14 had illegally taken possession of a portion of the aforesaid land and which can be seen from the report dated 16.11.2021, submitted by the respondent no. 9, i.e., Assistant Revenue Officer, Phuloni Circle. In view of the aforesaid illegal possession of the land, the petitioners approached this court by filing WP(C) No. 1583/2022 and the same was disposed of, vide order dated 10.03.2022, directing the petitioners to approach the concerned competent authority of the land acquisition for redressal of their grievances. 3. Pursuant to the order dated 10.03.2022, the petitioners approached the respondent no. 7, i.e., the Joint Secretary-cum-competent authority for land Page No.# 5/6 acquisition (CALA), Revenue Department, KAAC, Diphu, Karbi Anglong, vide their representation dated 22.03.2022 and subsequently, submitted another representation dated 21.10.2022, whereby they have prayed for cancellation of allotment of the portion of land to the respondent nos. 10 to 14. The aforesaid representation was registered as a case and numbered as Land Complaint Case No. 4/2022. However, since nothing has been done in the aforesaid case, the petitioners again approached this Court by filing WP(C) No. 2324/2024, wherein this Court, vide it’s order dated 08.05.2024, directed the respondent no. 7, to dispose of the Land Complaint Case No. 4/2022 by passing a speaking order after giving due opportunities to all the stakeholders, including the petitioners within a period of 2(two) months. However, since nothing has been done in terms of the order dated 08.05.2024, the petitioners had filed a contempt petition being Contempt Case(C) No. 425/2024, which was disposed of by this Court vide order dated 14.08.2024, due to the fact that the respondent no. 7 had already disposed of the Land Complaint Case No. 4/2022 filed by the petitioners. 4. After the aforesaid rejection order dated 14.08.2024, the petitioners have approached the respondent no. 6 on 30.09.2024 by filing an appeal. However, since nothing has been done in the said appeal, the petitioners have filed the instant writ petition. 5. The learned Standing Counsel appearing for KAAC, submits that under Rule 26 of Settlement Rules, an appeal lies against the order of cancellation of Patta before the Executive Member In-charge Revenue, KAAC. Therefore, he submits that since an alternative remedy is already there as per the rules, the petitioners should be directed to prefer an appeal before the aforesaid authority. 6. The learned counsel appearing for the petitioners has also fairly submitted that they would prefer an appeal before the aforesaid authority. Page No.# 6/6 7. In view of the aforesaid submission, the instant writ petition is disposed of with a direction that the petitioners shall submit an appeal before the Executive Member In-charge Revenue, KAAC, through the respondent no. 6, i.e., the Secretary, Department of Revenue, KAAC and thereafter, within a period of 2(two) months from the date of receipt of the appeal, the concerned authority shall dispose of the appeal as per law. JUDGE Comparing Assistant