Page No.# 1/4 GAHC010111502018 2025:GAU-AS:6292 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3480/2018 M/S. SYNPACK FINANCE PVT. LTD. A PRIVATE LIMITED COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT 32, EZRA STREET, KOLKATA-7, AND ADMINISTRATIVE AND CORRESPONDENCE OFFICE AT OHIO SHOPPING MALL COMPLEX, 2ND FLOOR, M.G. ROAD, GUWAHATI-781001, ASSAM, REPRESENTED BY ONE OF ITS DIRECTOR SRI SANJAY CHHABRA, AGED ABOUT 56 YEARS, SON OF SRI DHAN KUMAR JAIN. VERSUS THE STATE OF ASSAM AND 5 ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE DEPARTMENT OF LAND REVENUE, GOVERNMENT OF ASSAM, DISPUR-06, ASSAM. 2:THE DEPUTY COMMISSIONER KAMRUP METROPOLITAN DISTRICT P.O. GUWAHATI- 781001 DISTRICT- KAMRUP(M) ASSAM. 3:THE CIRCLE OFFICER GUWAHATI REVENUE CIRCLE P.O.- GUWAHATI- 781001 DISTRICT- KAMRUP(M) ASSAM. 4:KRISHNA GOPAL DAS SON OF LATE BHABENDRA NATH DAS RESIDENT OF RAJGARH ROAD BEHIND BIG BAZAR Page No.# 2/4 P.O. GUWAHATI- 781005 DISTRICT- KAMRUP(M) ASSAM. 5:ON THE DEATH OF LATE SONARAM KALITA HIS LEGAL HEIRS HOUSE NO.146 RAJGARH ROAD BEHIND BIG BAZAR P.S-PALTAN BAZAAR P.O.-GUWAHATI-781005 DISTRICT-KAMRUP(M) ASSAM 5.1:KUSUM KALITA W/O LATE SONARAM KALITA HOUSE NO.146 RAJGARH ROAD BEHIND BIG BAZAR P.S-PALTAN BAZAAR P.O.-GUWAHATI-781005 DISTRICT-KAMRUP(M) ASSAM 5.2:RATUL KALITA S/O. LATE SONARAM KALITA HOUSE NO.146 RAJGARH ROAD BEHIND BIG BAZAR P.S-PALTAN BAZAAR P.O.-GUWAHATI-781005 DISTRICT-KAMRUP(M) ASSAM 5.3:TAPAN KALITA S/O. LATE SONARAM KALITAHOUSE NO.146 RAJGARH ROAD BEHIND BIG BAZAR P.S-PALTAN BAZAAR P.O.-GUWAHATI-781005 DISTRICT-KAMRUP(M) ASSAM 6:HOLIRAM KALITA SON OF LATE NALIRAM KALITA. BOTH ARE RESIDENTS OF RAJGARH ROAD BEHIND BIG BAZAR P.O. GUWAHATI- 781005 DISTRICT- KAMRUP(M) Page No.# 3/4 ASSAM Advocate for the Petitioner : MR. O P BHATI, MR. S KHAN,MR. P K PODDAR,MR. P SARMA,MR T C DAS Advocate for the Respondent : GA, ASSAM, MR. A K SAHU,MR. L N DIHINGIA,MR. S BORTHAKUR (R4, R5),MR. J ABBAS (R4, R5),MR. D GOGOI (R4, R5),SC, REVENUE,MR. N N B CHOUDHURY (R6),MR D P SAHU (R6),MR. M DEWAN (R6) BEFORE HON’BLE MR. JUSTICE ARUN DEV CHOUDHURY ORDER 20-05-2025 1. Heard Mr. O.P.Bhati, learned counsel for the petitioner and Mr. N. Goswami, learned State counsel for the respondent Nos. 1 to 3. Also heard Mr. S. Borthakur, learned counsel for the respondent Nos. 4 & 5. 2. The petitioner, by way of filing the present writ petition, has prayed for a direction for removal of a brick wall, illegally and un-authorisedly constructed by the respondent Nos. 4 & 5, allegedly, on a government land, which is demarcated as a public road. 3. The said position is disputed by Mr. Borthakur, learned counsel for the respondent Nos. 4 & 5, who submits that the construction in question so made by the respondent Nos. 4 & 5 is over their own patta land. 4. In the aforesaid backdrop of the claim and the counter claim, this Court is of the considered opinion that ends of justice would be met, if the matter is relegated to the Circle Officer, Guwahati Revenue Circle inasmuch as this Court in exercise of its power under Article 226 of the Constitution of India, would not be in a position to Page No.# 4/4 decide whether there is encroachment of road/road side of land/government land or not. 5. As the petitioner has already filed an application and the respondents have also filed their responses before the concerned Circle Officer as well as before the District Commissioner, Kamrup (M), both the petitioner and the private respondent Nos. 4 & 5 are directed to appear before the Circle Officer, Guwahati Revenue Circle on 30.05.2025 at 11:00 am. 6. On appearance of both the parties, the Circle Officer, Guwahati Revenue Circle, shall hear the parties and if necessary, he shall make a field verification through Revenue Staff in presence of both the parties and shall pass an appropriate order, whether the respondents are actually encroaching the road/ road side of land. The Circle Officer, Guwahati Revenue Circle, shall be at liberty to take necessary action on the basis of the verification thereafter. 7. Till such determination is made by the Circle Officer, Guwahati Revenue Circle, no coercive action shall be taken against the private respondent Nos. 4 & 5. 8. With the aforesaid observation and direction, this writ petition stands disposed of. JUDGE Comparing Assistant