Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/5 GAHC010116742025
2025:GAU-AS:9240
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3063/2025 MARANGI PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT 1956, HVING ITS REGD. OFFICE AT MARANI TEA ESTATE , P.O- LETEKUJAN, GOLAGHAT, ASSAM, PIN-785613 AND IS REP. BY ITS AUTHORISED SIGNATORY SANKAR PRASAD SAMADDAR, S/O- LATE GOPAL KRISHNA SMADDAR, R/O- 108, RAJA S.C MULLICK ROAD, KOLKATA-700047 VERSUS THE STATE OF ASSAM REP. BY THE SECRETARY, GOVERNMENT OF ASSAM, REVENUE AND DISASTER MANAGEMENT DEPARTMENT JANATA BHAWAN, DISPUR, GUWAHATI- 781006 2:THE DISTRICT COMMISSIONER GOLAGHAT ASSAM PIN-785621 3:THE ADDL. DISTRICT COMMISSIONER GOLAGHAT ASSAM PIN-785621 4:THE CIRCLE OFFICER MARANGI REVENUE CIRCLE P.O-LETEKUJAN DIST- GOLAGHAT ASSAM PIN-78562
Page No.# 2/5 Advocate for the Petitioner : MR M SAHEWALLA, MS S AGARWAL,MS. S. TODI,MR G N SAHEWALLA Advocate for the Respondent : GA, ASSAM, SC, REVENUE AND DISASTER MANAGEMENT DEPT
BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY
ORDER Date : 18.07.2025
1. Heard Mr. H.K. Sarma, learned counsel for the petitioner. Also heard Ms. N Bordoloi, learned standing counsel, Revenue & Disaster Management Department for respondent No.1 and Mr. J Handique, learned state counsel for respondent Nos.2 to
4. 2. It is the case of the petitioner that petitioner Marangi Private Limited lawfully acquired the Indian Business and Assets of Marangi Tea Company Ltd. and subsequently the company converted itself from a Public to a Pvt. Ltd company and was renamed as Marangi Pvt. Ltd.
3. According to the petitioner the entire process was carried out by following the statutory prescriptions. However, the revenue authorities even after repeated request of the petitioner are not correcting the Revenue records by replacing Marangi Tea Company Ltd to Marangi Pvt. Ltd.
4. It is on record that the petitioner company initially filed an application before the Circle Officer, Marangi Revenue Circle seeking such correction. Thereafter the Circle Officer, Marangi
Page No.# 3/5 Revenue Circle, Marangi sought clarification by its communication dated 16.03.2023 (Annexure – V to the writ petition) intimating the Additional Deputy Commissioner (Revenue), Golaghat that to change the name of the Pattadars from “Marangi Tea Company” to
“Marangi Private Limited” prior approval from the Government would be required as the pattas in question are Tea Periodic Pattas. 5. Thereafter by a communication dated 24.03.2023 (Annexure-VI to the writ petition), the Additional Deputy Commissioner directed the concerned Circle Officer to verify the relevant documents, such as, Sale deed, None-encumbrance certificate, Bakijai clearance certificate, up to-date land revenue receipt etc to take necessary action on the matter as per rule. 6. Subsequently, on receipt of relevant documents from the Circle Officer, Marangi Revenue Circle, the Additional Deputy Commissioner (Revenue), Golaghat by its communication dated 29.03.2023 (Annexure-VII to the writ petition) forwarded the application of the petitioner company along with relevant documents for change of the name of “Marangi Tea Company” to
“Marangi Pvt. Ltd” to the Commissioner & Secretary to the Govt. of Assam, Revenue Department, Assam, Dispur, Guwahati-6. Subsequently further instructions in terms of a communication No.RSS.373/94/25 dated 26.03.2001 (Annexure-IX to the writ petition) which prescribes the procedure and requirement of transfer of Tea land, was sought for. 7.
Accordingly, the Circle Officer in compliance of notification dated 26.03.2001 submitted a report on 12.05.2023
Page No.# 4/5 (Annexure-XI to the writ petition) before the Additional Deputy Commissioner (Revenue), Golaghat and the same was forwarded to the Revenue & Disaster Management Department. Certain clarifications were sought again from the Revenue Department by a communication dated 31.08.2023 (Annexure-XIII to the writ petition) which was also submitted by the Additional District Commissioner, (Revenue), Golaghat through its communication dated 13.09.2023 (Annexure-XIV to the writ petition). 8. When the application was pending at that stage and was not finalized, the petitioner has approached this court. 9. Mr. Handique, as well as Ms. N Bordoloi, learned counsel for the respondents submit that as the matter is pending at the Revenue Department and now it is the Revenue Department to take a final call in this matter, therefore, this writ petition can be
disposed of by giving a timeline to complete the process.
10. The learned counsel for the petitioner submits that he will have no grievance, if a direction is issued to the concerned authorities at the Revenue Department to complete the process, more particularly based on the applications filed by the petitioner and the report submitted by the jurisdictional Revenue authority.
11. This court is also of the opinion that due process has been initiated in terms of the Notification dated 26.03.2001 and materials were also provided by the concerned revenue officials to the Government in Revenue Department and therefore, it is now the Revenue Department to take a final call on the application made by the petitioner in terms of the extent norms and rules.
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12. Accordingly, this writ petition stands disposed of by directing the Additional Chief Secretary, Revenue & Disaster Management Department to take note of the application filed by the petitioner for change of the land records from Marangi Tea Company Ltd to Marangi Pvt. Ltd and finalize the same as expeditiously as possible and not beyond two months from the date of receipt of a certified copy of this order to be furnished by the petitioner before the Additional Chief Secretary, Revenue & Disaster Management Department along with a copy of the writ petition.
13. This disposes the writ petition.
JUDGE Comparing Assistant