Page No.# 1/9 GAHC010194292024 2025:GAU-AS:6783 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/442/2024 MOUSHUMI BARUA ROY AND ANR D/O- LATE ARUP KUMAR BARUA, R/O- GAURIPUR RAJBARI (ANDARMAHAL) WARD NO. 3, P.O. AND P.S. GAURIPUR, DIST. DHUBRI, ASSAM, PIN- 783301. 2: SMTI ARPITA BARUA DAS D/O- LATE ARUP KUMAR BARUA R/O- GAURIPUR RAJBARI (ANDARMAHAL) WARD NO. 3 P.O. AND P.S. GAURIPUR DIST. DHUBRI ASSAM PIN- 783301 VERSUS MONTOSH SEAL SARMA AND 29 ORS S/O- LATE MANARANJAN SEAL, R/O- KOKRAJHAR HATIMATHA, WARD NO 8, N.B. ROAD, P.O., P.S. AND DIST. KOKRAJHAR (B.T.A.D.), ASSAM, PIN- 783370. 2:NIRANJAN SEALSARMA S/O- LATE MANARANJAN SEAL R/O- KOKRAJHAR HATIMATHA WARD NO 8 N.B. ROAD P.O. P.S. AND DIST. KOKRAJHAR (B.T.A.D.) ASSAM PIN- 783370. 3:MANJULA SEAL R/O- KOKRAJHAR HATIMATHA WARD NO 8 N.B. ROAD Page No.# 2/9 P.O. P.S. AND DIST. KOKRAJHAR (B.T.A.D.) ASSAM PIN- 783370. 4:MRINALINI SEAL R/O- KOKRAJHAR HATIMATHA WARD NO 8 N.B. ROAD P.O. P.S. AND DIST. KOKRAJHAR (B.T.A.D.) ASSAM PIN- 783370. 5:LEGAL HEIRS OF LATE ALOKESH CH. BARUA ARE LIPI BOSE D/O- LATE ALOKESH CH. BARUA R/O- WARD NO. 1 GAURIPUR TOWN (RAJBARI) P.O. AND P.S. GAURIPUR DIST. DHUBRI ASSAM 6:RAI BARUAH D/O- LATE ALOKESH CH. BARUA R/O- WARD NO. 1 GAURIPUR TOWN (RAJBARI) P.O. AND P.S. GAURIPUR DIST. DHUBRI ASSAM 7:LEGAL HEIRS OF LATE DIL SHAHI ARE SAHI MEGNA D/O- AZAHAR HUSSAIN R/O- WARD NO. 1 GAURIPUR TOWN (RAJBARI) P.O. AND P.S. GAURIPUR DIST. DHUBRI ASSAM 8:SAHI NIR D/O- AZAHAR HUSSAIN R/O- WARD NO. 1 GAURIPUR TOWN (RAJBARI) P.O. AND P.S. GAURIPUR DIST. DHUBRI ASSAM 9:SUBHASREE GOGOI D/O- LATE PRANABESH BARUA Page No.# 3/9 W/O- DILIP GOGOI R/O- WARD NO. 1 GAURIPUR TOWN (RAJBARI) P.O. AND P.S. GAURIPUR DIST. DHUBRI ASSAM 10:LEGAL HEIRS OF LATE JOYASHREE GOGOI ARE URBASHI GOGOI D/O- LATE UPENDRA NATH GOGOI C/O- DILIP GOGOI R/O- WARD NO. 1 GAURIPUR TOWN (RAJBARI) P.O. AND P.S. GAURIPUR DIST. DHUBRI ASSAM 11:URMI GOGOI D/O- LATE UPENDRA NATH GOGOI C/O- DILIP GOGOI R/O- WARD NO. 1 GAURIPUR TOWN (RAJBARI) P.O. AND P.S. GAURIPUR DIST. DHUBRI ASSAM 12:URBI GOGOI D/O- LATE UPENDRA NATH GOGOI C/O- DILIP GOGOI R/O- WARD NO. 1 GAURIPUR TOWN (RAJBARI) P.O. AND P.S. GAURIPUR DIST. DHUBRI ASSAM 13:BENUDHAR KORMAKAR S/O- LATE ROMESH CHANDRA KORMAKAR R/O- WARD NO. 1 GAURIPUR TOWN (RAJBARI) P.O. AND P.S. GAURIPUR PIN- 783331 DIST. DHUBRI ASSAM 14:SMTI AMIYABALA ROY @ AMIYABALA DAS D/O- GOPAL DAS @ GOPAL CHANDRA DAS R/O- WARD NO. 1 GAURIPUR TOWN (RAJBARI) P.O. AND P.S. GAURIPUR PIN- 783331 DIST. DHUBRI ASSAM Page No.# 4/9 15:RANJITA ROY W/O- MIRINAL KANTI SARKAR R/O- WARD NO. 1 GAURIPUR TOWN (RAJBARI) P.O. AND P.S. GAURIPUR PIN- 783331 DIST. DHUBRI ASSAM 16:BROJEN ADHIKARY S/O- LATE SHURENDRA MOHAN ADHIKARY R/O- WARD NO. 1 GAURIPUR TOWN (RAJBARI) P.O. AND P.S. GAURIPUR PIN- 783331 DIST. DHUBRI ASSAM 17:BHOLANATH ROY S/O- LATE DHAN KUMAR ROY R/O- WARD NO. 1 GAURIPUR TOWN (RAJBARI) P.O. AND P.S. GAURIPUR PIN- 783331 DIST. DHUBRI ASSAM 18:MALA PAUL W/O- TUSHAR PAUL R/O- WARD NO. 1 GAURIPUR TOWN (RAJBARI) P.O. AND P.S. GAURIPUR PIN- 783331 DIST. DHUBRI ASSAM 19:DEBENDRA NATH BARMAN S/O- LATE MADHOB CHANDRA BARMAN R/O- WARD NO. 1 GAURIPUR TOWN (RAJBARI) P.O. AND P.S. GAURIPUR PIN- 783331 DIST. DHUBRI ASSAM 20:KOREN MALAKAR S/O- LATE SHUDHIR CHANDRA MALAKAR Page No.# 5/9 R/O- WARD NO. 1 GAURIPUR TOWN (RAJBARI) P.O. AND P.S. GAURIPUR PIN- 783331 DIST. DHUBRI ASSAM 21:LAXMI RANI ROY D/O- ROMESH CH. ROY R/O- WARD NO. 1 GAURIPUR TOWN (RAJBARI) P.O. AND P.S. GAURIPUR PIN- 783331 DIST. DHUBRI ASSAM 22:RAMKRISHNA SARADA SHANGA REPRESENTED BY ITS SECRETARY R/O- WARD NO. 1 GAURIPUR TOWN (RAJBARI) P.O. AND P.S. GAURIPUR PIN- 783331 DIST. DHUBRI ASSAM 23:LEGAL HEIRS OF LATE PROKRITISH CHANDRA BARUA ARE PROBIR BARUA (SON) R/O- WARD NO. 2 MATIYABOG (HOWAKHANA) P.O. AND P.S. GAURIPUR PIN- 783331 DIST. DHUBRI ASSAM 24:PRITAM BARUA (SON) R/O- WARD NO. 2 MATIYABOG (HOWAKHANA) P.O. AND P.S. GAURIPUR PIN- 783331 DIST. DHUBRI ASSAM 25:PRADYUT BARUA (SON) R/O- WARD NO. 2 MATIYABOG (HOWAKHANA) P.O. AND P.S. GAURIPUR PIN- 783331 DIST. DHUBRI Page No.# 6/9 ASSAM 26:LEGAL HEIRS OF DECEASED PRODIP BARUA ARE ANUBHA BARUA W/O- LATE PRODIP BARUA R/O- WARD NO. 2 MATIYABOG (HOWAKHANA) P.O. AND P.S. GAURIPUR PIN- 783331 DIST. DHUBRI ASSAM 27:PRANJAL BARUA S/O- LATE PRODIP BARUA R/O- WARD NO. 2 MATIYABOG (HOWAKHANA) P.O. AND P.S. GAURIPUR PIN- 783331 DIST. DHUBRI ASSAM 28:PORIKHIT BARUA S/O- LATE PRODIP BARUA R/O- WARD NO. 2 MATIYABOG (HOWAKHANA) P.O. AND P.S. GAURIPUR PIN- 783331 DIST. DHUBRI ASSAM 29:THE CIRCLE OFFICER GAURIPUR REVENUE CIRCLE P.S. GAURIPUR DIST. DHUBRI 30:STATE OF ASSAM REPRESENTED BY THE DISTRICT COLLECTOR DHUBRI DISTRIC Advocate for the petitioner(s): Ms. S Dasgupta Advocate for the respondent(s): Mr. TJ Mahanta, Senior Advocate Ms. P Bhattacharjee Page No.# 7/9 B E F O R E HON’BLE MR. JUSTICE DEVASHIS BARUAH ORDER 26.05.2025 Heard Ms. S Dasgupta, the learned counsel appearing on behalf of the petitioners. Mr. TJ Mahanta, the learned senior counsel assisted by Ms. P Bhattacharjee, who appears on behalf of the respondent Nos.1 and 2 and Mr. KK Bhattacharjee, the learned Government Advocate, who appears on behalf of the respondent Nos.19 and 20 respectively. 2. The learned counsel appearing on behalf of the petitioners submitted that the challenge made to the impugned order is limited to the directions so passed restraining the petitioners from creating any encumbrances on the land, damage the land and changing the status of the disputed land. She further submitted that the question of damaging the land and changing the status of the disputed land does not arise taking into account that the said land had been used all along for gardening purpose. She further submitted that the petitioners who are the owners of the land are not going to alienate the suit land as well as raise any permanent construction thereupon till the disposal of the suit. The learned counsel, however, submitted that the plaintiffs also cannot during the pendency of the suit take any steps before the authorities which will affect the title of the petitioners, who are the defendants and, as such, appropriate orders has been sought for by way of the present proceedings under Article 227 of the Page No.# 8/9 Constitution. 3. I have also heard Mr. TJ Mahanta, the learned Senior Counsel appearing on behalf of the respondent Nos.1 and 2, who are the plaintiffs, who submits that there is a registered deed of lease in favour of the plaintiffs for a period of 99 years and the plaintiffs were dispossessed in the year 2018. The plaintiffs had reasonable apprehension that the petitioners herein, who are the defendants would alienate the said suit property and also raise construction and thereby it would not only lead to multiplicity of proceedings, but also if any decree is passed in the suit, the same would not be effective which would prejudice the case of the plaintiffs. 4. This Court had perused the impugned order dated 20.07.2024 passed in Misc. Appeal No.1/2024 and had also heard the learned counsels appearing on behalf of the parties. 5. From the facts so narrated in the plaint as well as the submissions of the parties, it is apparent that the petitioners who are the defendant Nos.1 and 2 are the owners of the suit land. It has been alleged in the plaint that in the year 2018, the defendant Nos.1 and 2 dispossessed the plaintiffs. 6. Per contra, the defendant Nos. 1 and 2 contend that although there was a registered lease deed, but it was never acted upon and the Defendants/petitioners have been all along in possession of the suit land. Taking Page No.# 9/9 into account the observations made by the learned First Appellate Court thereby applying the three golden principles for grant of an injunction, it is, therefore, the opinion of this Court that the said order so passed by the learned First Appellate Court dated 20.07.2024 needs a slight modification in view of the allegations and counter allegations made by the petitioners as well as the respondent Nos.1 and 2. 7. Accordingly, the instant proceedings stands disposed of, thereby directing both the parties to the suit i.e. the plaintiffs as well as the defendant Nos.1 and 2 to maintain status quo as regards title, possession as well as construction during the pendency of the suit. It is, however, observed that if the suit is pending for a long period, liberty would be there on the part of both the parties to seek modification of this order by filing appropriate application. 8. With the above, this application stands disposed of. JUDGE Comparing Assistant