Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010187182025
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4938/2025 KUMUD SAIKIA S/O- LATE CHANDRA NATH SAIKIA,
R/O- VILLAGE- BAPAKHAT, P.O- PHUKANARHAT, P.S- PANIGAON, DIST LAKHIMPUR, PIN-787052, ASSAM VERSUS THE STATE OF ASSAM AND ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
OF ASSAM, REVENUE AND DISASTER MANAGEMENT DEPARTMENT, DISPUR, GUWAHATI-781006, ASSAM 2:THE DISTRICT COMMISSIONER LAKHIMPUR NORTH LAKHIMPUR PIN-787001 3:THE CIRCLE OFFICER NORTH LAKHIMPUR REVENUE CIRCLE DIST- LAKHIMPUR PIN-787001 4:HEADMASTER SOLAI TELAHI KAMALABARIA HIGHER SECONDARY SCHOOL PHUKANARHAT LAKHIMPUR NORTH LAKHIMPUR PIN-78705
Page No.# 2/3 Advocate for the Petitioner : MR R I BHUYAN, MR. N H MAZARBHUIYAN,N BRAHMA Advocate for the Respondent : SC, REVENUE AND DISASTER MANAGEMENT DEPT, GA, ASSAM
BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI ORDER 27-08-2025 Heard Ms. L. Wazeeda, learned counsel for the petitioner. Also heard Shri S. S. Roy, learned State Counsel.
The facts projected in the petition is that the petitioner is one of the successor of late Chandra Nath Saikia who was possessing land measuring 1 Katha 18 Lechas of Lakheraj Patta No. 1 in Dag No. 318 of Sri Sri Dihing Satra as tenant since many years. It is alleged that his predecessor was threatened to vacate the land which he had ultimately vacated. The petitioner has claimed to have submitted representations to look into the matter which has not been done.
Shri Roy, the learned State Counsel has however submitted that the matter involves disputed questions of facts and this Court under exercise of powers under Article 226 of the Constitution of India would not be the appropriate forum.
A bare perusal of the averments would show that the same involves disputed questions of fact which can be adjudicated only in a Civil Court where the scope of adducing evidence would be there. In view of the above, this writ petition is dismissed. Liberty is however, granted to the petitioner to approach the appropriate Civil Court for redressal of
Page No.# 3/3 his grievance. Dismissal of this writ petition shall not have any effect on the merits of the parties in the civil suit, if so instituted.
JUDGE Comparing Assistant