Page No.# 1/4 GAHC010111372025 2025:GAU-AS:7584 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2847/2025 BULU ORANG S/O LATE JAYARAM ORANG, R/O VILL- MILANPUR (SIALEKHAITI), P.O. AND P.S.- SONAPUR, MOUZA- PANBARI, DIST- KAMRUP (M), ASSAM VERSUS THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY, DEPARTMENT OF REVENUE AND DISASTER MANAGEMENT, GOVERNMENT OF ASSAM, DISPUR, GUWAHATI-6 2:DISTRICT COMMISSIONER KAMRUP (M) HENGRABARI GUWAHATI-36 3:CIRCLE OFFICER SONAPUR REVENUE CIRCLE ASSAM PIN-782401 4:ASSISTANT EXECUTIVE ENGINEER PWD DIMORIA TERRITORIAL ROAD SUB DIVISION GOVERNMENT OF ASSAM SONAPU Advocate for the Petitioner : MR R CHAKRAVORTY, R BASUMATARY,S RABHA Advocate for the Respondent : SC, REVENUE, GA, ASSAM,SC, PWD Page No.# 2/4 BEFORE THE HON’BLE MR JUSTICE ARUN DEV CHOUDHURY O R D E R 11.06.2025 1. Heard Mr. R Chakravorty, learned counsel for the petitioner. Also heard Mr. SS Roy, learned State counsel for the respondent Nos. 2 and 3, Ms. G Hazarika, learned standing counsel for the respondent No. 1 and Mr. D Nath, learned Senior Government Advocate for the PWD Department, respondent No. 4. 2. The petitioner is aggrieved by communication dated 16.05.2025 issued by Circle Officer, Sonapur revenue Circle whereby request was made to the Assistant Executive Engineer, PWD, Dimoria Territorial Road Sub Division for construction of a road to measure the patta land of the petitioner under KP Patta No. 36, Dag No. 307 (4 Kaths 5 Lechas). It is the apprehension of the petitioner that in the name of the demarcation, the petitioner may be evicted and such road may be constructed over the patta land of the petitioner without any due process of law inasmuch as till date no notice of acquisition has been issued. 3. In the aforesaid backdrop, this court sought for instruction from the State respondent under its order dated 28.05.2025, while providing that the respondents may take measurement as proposed, however, possession of the petitioner shall not be disturbed and the authority shall ensure that no damage is caused to any valuable material including the trees. 4. The instruction has been received and the relevant portion is quoted hereinbelow: “with reference to the subject cited above, I have the honour to inform you that the office of the undersigned has taken necessary Page No.# 3/4 step to co-operate with the department of Assistant Executive Engineer, PWD, Dimoria Territorial Road Sub-Division, Guwahati for the implementation of construction of alternative approach road to Sonapur College, Sonapur under Mukhyamantrir Paki Path Nirman Achani (MMUPPNA) under RIDF of NABARD for the year 2025 under Dispur LAC in the Kamrup Metro District. However, the land parcel covered by Dag No. 307 of Patta No. 36 at village Barkaht under Panbari Mouza has narrowed the road and it is essential to measure the said plot of land so that the road may be constructed without affecting land portion of the pattadar. Accordingly, for more accuracy in the measurement, help from the Joint Director of Land Records and Survey etc. Assam was sought. A tentative date was fixed on 27.05.2026. Copy of letter issued to the concerned Department vide No. SPR.JV/16/2019/376 dated 14.05.2025 is enclosed at Annexure- I. That Sir, one of the pattadars, Sri Bulu Urang, S/O Jayaram Urang was also served notice officially, and he had duly acknowledged the same. However, on the day of Joint Survey, Sri Bulu Urang neither co- operated with the officials who were assigned to conduct the survey nor raise any objection either verbally or written. That the undersigned begs to state that there was no intention to evict the said land parcel or cause damage valuable material in the name of implementation of the above scheme. If the road is constructed and completed timely, the commuters in and around of the locality will be highly benefitted. It may be mentioned here that there was no acquisition process initiated from the higher authority to acquire such land portion. The steps for the initiation was taken due to the instruction received from the concerned department i.e. PWD.” Page No.# 4/4 5. In view of the aforesaid stand of the respondents, this court is of the opinion that this writ petition can be disposed of with a direction that possession of the patta land of the petitioner shall not be taken over for construction of the road in question without due process of law i.e. without acquiring the same. Ordered accordingly. 6. However, it is also made clear that if the petitioner is encroaching any road side land, the authority shall be at liberty to proceed in accordance with law. This disposes the writ petition. 7. A copy of the instruction dated 10.06.2025 is kept on record. JUDGE Comparing Assistant