Page No.# 1/6 GAHC010129612017 2025:GAU-AS:8548 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3006/2017 ARJUN TIMUNG and 16 ORS. S/O LT. SARTHE TIMUNG, R/O VILL- MENGAON, P.O. MEMMIJI, P.S. KHERONI, DIST. WEST KARBI ANGLONG. 2: SRI RUDRA KANTA PATOR S/O LT. SARBURA PATOR R/O VILL- MENGAON P.O.MENMIJI P.S. KHERONI DIST. WEST KARBI ANGLONG. 3: SRI PIKUMONI PATOR S/O RUDRA KANTA PATOR R/O VILL- MENGAON P.O. MENMIJI PS. KHERONI DIST. WEST KARBI ANGLONG. 4: SRI KANGBURA TERON S/O LT. LONG SING TERON R/O VILL- JENGHRA P.S. KHERONI DIST. WEST KARBI ANGLONG. 5: SRI BORSING HANSE S/O SAI HANSE R/O VILL- MENGAON P.O. MENMEJI P.S. KHERONI DIST. WEST KARBI ANGLONG. 6: SRI MAAN SING KRO S/O LONG SING KRO R/O VILL- MENGAON P.O. MENMIJI P.S. KHERONI DIST. WEST KARBI ANGLONG. Page No.# 2/6 7: SRI KARNO TIMUNG S/O LT. CHANDRA SING TIMUNG R/O VILL- MENGAON P.O. MENMIJI P.S. KHERONI DIST. WEST KARBI ANGLONG. 8: SRI HONSING TIMUNG S/O LT. LONGSING TIMUNG R/O VILL- SARIK GOAN P.O. MENMIJIO P.S. KHERONI DIST. WEST KARBI ANGLONG. 9: SRI AJIS TIMUNG S/O LT. PAWAN TIMUNG R/O VILL- MENMIJI P.O. MENMIJI P.S. KHERONI DIST. WEST KARBI ANGLONG. 10: SMT. MILLIBON KORPI W/O LT. CHANDRA RONGHANG R/O VILL- MIJI KROGAON P.O. MENMIJI P.S. KHERONI DIST. WEST KARBI ANGLONG. 11: SRI DILIP TIMUNG S/O ANSING TIMUNG R/O VILL- MENGAON P.O. MENMIJI P.S. KHERONI DIST. WEST KARBI ANGLONG 12: SRI BURA TIMUNG S/O LT. SOBHAM TIMUNG R/O VILL- MENGAON P.O.MENMIJI P.S. KHERONI DIST. WEST KARBI ANGLONG 13: SRI RAJEN KRO S/O LT. MIJI KRO R/O VILL- MIJI KRO P.O. MENMIJI P.S. KHERONI DIST. WEST KARBI ANGLONG 14: SRI BABU SING TIMUNG S/O LT. CHANDRA SING TIMUNG R/O VILL- MENGAON P.O.MENMIJI P.S. KHERONI DIST. WEST KARBI ANGLONG Page No.# 3/6 15: SRI PRADIP KUMAR KALITA S/O LT. ANAT KALITA R/O VILL- RANAI MA P.O KEHRONI P.S. KHERONI DIST. WEST KARBI ANGLONG 16: SRI GANESH TERANG S/O LT. SING TERANG R/O VILL- MOKHIM GAON P.O. MENMIJI P.S. MEN MIJI DIST. WEST KARBI ANGLONG VERSUS THE STATE OF ASSAM and 6 ORS. REP. BY THE CHIEF SECRETARY, GOVT. OF ASSAM, DISPUR, GUWAHATI-6. 2:THE CHIEF SECRETARY GOVT. OF ASSAM DISPUR GUWAHATI-6. 3:THE SECRETARY LAND REVENUE DEPARTMENT GOVT. OF ASSAM DISPUR GUWAHATI-6. 4:DEPUTY COMMISSIONER KARBI ANGLONG DIPHU P.O. DIPHU KARI ANGLONG ASSAM 5:DEPUTY COMMISSIONER NAGOAN P.O. and P.S. NAGAON ASSAM 6:DEPUTY COMMISSIONER HOJAI P.O. HOJAI ASSAM 7:KARBI ANGLONG AUTONOMOUS COUNCIL Page No.# 4/6 REP. BY THE PRINCIPAL SECRETARY DIPHU P.O. DIPHU KARBI ANGLONG ASSAM Advocate for the Petitioner : MR.B DAS, MR.S CHAKRABORTY,MS.B DAS Advocate for the Respondent : GA, ASSAM, SC, K A A C BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY ORDER Date : 25.06.2025 1. Heard Mr. S Chakraborty, learned counsel for the petitioners. Also heard Mr. S S Roy, learned counsel for the respondent Nos.1, 2, 4, 5 & 6, Ms. N Bordoloi, learned counsel for respondent No.3 and Mr. J Chutia, learned standing counsel, KAAC appearing for respondent No.7. 2. The case of the petitioners, in brief, is that earlier a Survey and Demarcation of the disputed land between the Karbi Anglong district and earstwhile Nagaon district (presently distict of Hojai) was initiated by the Deputy Commissioner, Karbi Anglong district Diphu, so as to set at rest the dispute existing between two groups of cultivators, over the respective claim over patta land, however, midway the aforesaid survey operation has been abandoned and as a result of which, the petitioners claim over their land falling within the disputed territory has remained unresolved till date. Page No.# 5/6 3. It is the case of the petitioners that the petitioners are originally within the district of Karbi Anglong, however, due to a change of course of river Kapili, once part of their village is claimed to be within the earstwhile district of Nagaon (now Hojai). 4. Mr. Chutia, learned standing counsel, Karbi Anglong Autonomous Council (KAAC) submits that as there are different claim and counter claims and certain disputes as regards boundary of the 6th schedule area of the Karbi Anglong has already been raised, the Government of Assam in the Hill Areas Department, had issued a Notification dated 29.04.2025 in the name of the Governor for setting up a Commission to identify, consider and evaluate claims, counter claims and objection and demands related to inclusion into and exclusion from the KAAC area under the 6th Schedule of the Constitution of India in exercise of power under paragraph 14(1) of the 6th Schedule of the Constitution of India. 5. The procedure for such determination has also been laid in the notification such as issuing public notice to invite claims and objection from stakeholders; hold consultations and receive representations; evaluate historical, demographic, administrative, geographical and socio cultural aspects; and to submit a report with clear recommendation for inclusion and exclusion of villages with respect of KAAC jurisdiction. 6. In the considered opinion of this court and as agreed to by the learned counsel for the parties, the grievances of the writ petitioners can be redressed by the aforesaid commission inasmuch as, the claim of the petitioners is that they are included within the Page No.# 6/6 boundary of KAAC. 7. In view of the aforesaid, the writ petition stands closed with a liberty to the petitioners to approach the Commission in terms of the Notification dated 29.04.2025. 8. A copy of the notification is kept on record and same has also been handed over to the learned counsel for the petitioners. JUDGE Comparing Assistant