Page No.# 1/5 GAHC010285912023 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/7330/2023 GAKUL CH DEKA SON OF SATYA NATH DEKA, RESIDENT OF TETELIA HILL SIDE, P.O.- GOTANAGAR, DISTRICT- KAMRUP(M), ASSAM, PIN- 781011. VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, REVENUE AND DISASTER MANAGEMENT DEPARTMENT, DISPUR, GUWAHATI-06. 2:THE DISTRICT COMMISSIONER DISTRICT- KAMRUP(M) ASSAM HENGRABARI GUWAHATI- 36. 3:THE CIRCLE OFFICER GUWAHATI REVENUE CIRCLE ULUBARI GUWAHATI-07 DISTRICT- KAMRUP(M) ASSAM. 4:DEBAJIT CHOUDHURY THE LOT MANDAL OF THE VILLAGE- NO. 2 TETELIA OFFICE OF THE CIRCLE OFFICER Page No.# 2/5 GUWAHATI REVENUE CIRCLE ULUBARI GUWAHATI-07 DISTRICT- KAMRUP(M) ASSAM. 5:RUPA RANI BHUYAN ASSISTANT PROFESSOR DEPARTMENT OF ENGLISH MANGALDAI COLLEGE UPAHUPARA P.O.- MANGALDAI DISTRICT- MANGALDAI ASSAM PIN- 784125 Advocate for the Petitioner : MR. J KALITA, DIKSHITA DEKA Advocate for the Respondent : SC, REVENUE, MR. D GOGOI (r-5),MR S BORTHAKUR (r-5),GA, ASSAM BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI ORDER 12.08.2025 Heard Shri J. Kalita, learned counsel for the petitioner. Also heard Shri N. Das, learned State Counsel for the state respondents whereas Shri S. Borthakur, learned counsel has appeared for the respondent no.5. 2. Considering the grievance expressed and after hearing the learned counsel for the parties, this Court is of the opinion that the writ petition can be disposed Page No.# 3/5 of at the admission stage. 3. As per the facts projected, the petitioner had applied under the Basundhara Scheme No. 0.2 for grant of land. However, the respondent no. 5 has raised certain objections and had also filed a complaint and accordingly an order was passed on 10.11.2023 for ‘stop construction’. It is also been averred that the respondent no. 3 along with the respondent no. 4 have been threatening the petitioner to implicate him falsely in a land grabbing case. 4. On the other hand, Shri S. Borthakur, learned counsel for the respondent no. 5, while denying the allegations in toto has submitted that the relief sought for in this writ petition are not even opposed by him in principle. He has submitted that there is no objection from his client to supply the copy of the complaint in Misc. Case No. 28/23-24 pending before the Addl. Deputy Commissioner, Kamrup. He has clarified that no documents were filed along with the complaints. For appreciation of the rival claims, the relief prayed for in this petition is necessary to be looked into which reads as follows: “In the premises aforesaid, it is most humbly prayed that Your Lordships would graciously be pleased to- I. admit this petition, II. call for the records of the case, III. issue notice to the Respondents as to why a Writ in the nature of Mandamus shall not be issued directing the Respondents more particularly to the respondentn-3 and respondent no-4 to show cause as to why they shall not be restrained to threatening the life of the petitioner and also not to implicate in any false land grabbing case to the petitioner, IV. Direct the respondent no-3 to supply all necessary documents along Page No.# 4/5 with the complaint petition of Misc. Case no- 28/23-24 and give the petitioner a reasonable opportunity to file his written objection against the complaint lodged by the respondent no-5, V. Direct the respondent no-3 not to pass any final order in Misc Case No- 28/23-24 without hearing the petitioner along with his written objection if any, VI. Direct the Commissioner of Police to register a case against the respondent no-4 who has threaten the petitioner to send him to haven and arrest the respondent no-4 forthwith, VII. Direct the District commissioner to initiate inquiry against the respondent no-3 and respondent no-4 who being govt. Official has attempted to grab the land of the petitioner and trying to illegally accommodate the respondent no-5 in the land of the petitioner, VIII. Direct the Commissioner of Police, Kamrup (M) to protect the life and family of the petitioner and also to deploy adequate police protection to the petitioner to save his life as threatened by the respondent no-4, and/or be pleased to pass such further order/order(s) as your Lordships may deem fit and proper in the facts and circumstances of the case for the ends of justice. -AND- IN THE INTERIM: It is most humbly prayed that Your Lordships may be pleased to pass an interim restraining order the respondent no-3 not to pass any further order in Misc Case No-28/23-24 without hearing the petitioner again and direct the Commissioner of Police to give sufficient police protection to protect the life of the petitioner as threatened by the respondent no-3 and respondent no-4 to send him to heaven and to falsely implicate in land grabbing case, and/or may pass such further order/orders as Your Lordship may deem fit and proper.” 5. From the aforesaid, it appears that the issue which this Court is required to look into is regarding a direction to the respondent no. 3 to supply the Page No.# 5/5 necessary documents pertaining to the complaint lodged by the respondent no. 5. As regards the other relief, the petitioner would have all the liberty to approach the appropriate authority to do the needful. 6. As recorded above, Shri Borthakur, the learned counsel for the respondent no. 5 has undertaken to supply copy of the complaint petition in. Misc Case No. 28/23-24 to the petitioner. 7. In view of the above, the petitioner as well as the respondent no. 5 are directed to appear before the Guwahati Revenue circle on 22.08.2025 on which date, the respondent no. 5 would furnish the documents pertaining to the complaint petition to the petitioner. 8. It is needless to state that in the proceeding before the respondent no. 3, the petitioner would be given a fair opportunity to represent this case and the decision be taken strictly in accordance with law. 9. Writ Petition accordingly stands disposed of. JUDGE Comparing Assistant