Page No.# 1/4 GAHC010131522025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3525/2025 ABDUL HAMID S/O- LATE SIRAJUDDIN, R/O- VILL.- SUPRAKANDI, P.O. MANIKGANJ, DIST. KARIMGANJ, ASSAM, PIN- 788712. VERSUS THE GENERAL MANAGER (P) AND 3 ORS NATIONAL HIGHWAY AND INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED PROJECT MANAGEMENT UNIT SILCHAR, P.O. SILCHAR, DIST. CACHAR, ASSAM, PIN- 788001. 2:THE DISTRICT COMMISSIONER KARIMGANJ (LAND ACQUISITION BRANCH) P.O. KARIMGANJ PIN- 788710 DIST. KARIMGANJ ASSAM 3:THE CIRCLE OFFICER KARIMGANJ REVENUE CIRCLE P.O. AND DIST. KARIMGANJ ASSAM PIN- 788710. 4:THE NATIONAL HIGHWAY AUTHORITY OF INDIA MINISTRY OF ROADS AND TRANSPORT REPRESENTED BY ITS CHAIRMAN G-5 AND 6 SECTOR-10 DWARKA NEW DELHI-110015 Page No.# 2/4 Advocate for the Petitioner : MR. S C BISWAS, MS. S. CHANDA,MR. MEHUL SHAH,MS. J GHOSH,MS. U NANDA,MS A DAS Advocate for the Respondent : GA, ASSAM, SC, NHIDC BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI ORDER 23.06.2025 Heard Shri SC Biswas, learned counsel for the petitioner, who has filed this petition with the following prayers: “Under the above circumstances, it is therefore prayed that Your Lordships would graciously be pleased to admit this petition, call for the records, and issue a Rule, calling upon the Respondents to show cause as to why a Writ in the nature of Mandamus/Certiorari and/or any other appropriate Writ, order or direction of like nature should not be issued, directing/commanding the Respondent authorities to accommodate the petitioner with his family for a limited period in the residential house till the end of monsoon season/receipt of compensation for the cause/causes being shown and after perusal of the records, cause or causes shown if any and upon hearing the parties, Your Lordships may be pleased to make the Rule absolute and/or pass such appropriate Order/Orders or direction as Your Lordships may deem fit and proper in the interest of justice. -AND- Further, it is also prayed that pending disposal of the Rule, Your Lordships would be pleased to direct the Respondent authorities not to demolish the house of the petitioner till the disposal of the representation and he may be allowed to stay in his residential house and/or be pleased to pass such Page No.# 3/4 interim order as Your Lordships may deem fit and proper, in the interest of justice. -AND- Your Lordship may be pleased to direct the Respondents to release the compensation amount in favour of the Petitioner subject to the condition that in case the Petitioner is found to be not eligible for compensation or is found to have been paid excess compensation, the Petitioner shall refund the same to the concerned authority/person as directed immediately. -AND- Your Lordship may be pleased to grant such further relief(s)/consequential relief(s) as deemed fit in the facts and circumstances of the case in the interest of justice for which act of kindness your petitioner shall forever pray.” Also heard Shri N Das, learned State Counsel, Assam. It, however appears that the reliefs claimed in this petition are directly connected with the order dated 29.04.2025 passed by the learned Civil Judge, Junior Division No. 3, Sribhumi in Misc. Case No. 335/2025 arising out of Title Suit No. 105/2017. The said order, if aggrieved with, has to be assailed in the proper manner and not by a writ petition. At this stage, Shri Biswas, learned counsel has submitted that another case has already been filed before this Court. Page No.# 4/4 In view of the aforesaid submission, this writ petition is held to be not maintainable and accordingly, the same is dismissed. JUDGE Comparing Assistant