Page No.# 1/6 GAHC010140052021 2025:GAU-AS:15534 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4574/2021 ON THE DEATH OF KALPANA SAHA @KALPANA RANI SAHA, REPRESENTED BY LEGAL HEIRS 1.1) SRI DIPANKAR SAHA S/O LATE BHUBAN CH. SAHA RESIDENT OF R.P ROAD, DISPUR, GUWAHATI-06, P.O. ASSAM SACHIVALAYA, PS DISPUR, DISTRICT- KAMRUP (M) ASSAM. 1.2: SMTI. BIJLE SAHA D/O LATE BHUBAN CH. SAHA RESIDENT OF R.P ROAD DISPUR GUWAHATI-06 P.O. ASSAM SACHIVALAYA PS DISPUR DISTRICT- KAMRUP (M) ASSAM. 1.3: SMTI. SILPI SAHA W/O SRI BISWAJIT SAHA R/O BAROHOLIA PADMAPATI ROAD 1ST BY LANE TEZPUR- 784001 P.O. AND P.S. TEZPUR DISTRICT- SONITPUR ASSAM 1.4: SRI SHUBANKAR SAHA S/O LATE BHUBAN CH. SAHA RESIDENT OF R.P ROAD DISPUR GUWAHATI-06 P.O. ASSAM SACHIVALAYA P.S. DISPUR DISTRICT- KAMRUP (M) ASSAM Page No.# 2/6 VERSUS THE STATE OF ASSAM AND 6 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY, REVENUE AND DISASTER MANAGEMENT, DISPUR, GUWAHATI 06 2:CIRCLE OFFICER DISPUR REVENUE CIRCLE GUWAHATI KAMRUP (M) ASSAM 3:SMTI SANTI RANI PAUL W/O LATE NRIPENDRA NATH PAUL RESIDENT OF HOUSE NO. 122 NEW GOSHALA HILL SIDE COLONY KRISHNA NAGAR MAILA TANKI MALIGAON 11 KAMRUP (M) ASSAM 4:SRI AMAL PAUL S/O LATE NRIPENDRA NATH PAUL RESIDENT OF HOUSE NO. 122 NEW GOSHALA HILL SIDE COLONY KRISHNA NAGAR MAILA TANKI MALIGAON 11 KAMRUP (M) ASSAM 5:SRI PRADIP KANTI PAUL S/O LATE NRIPENDRA NATH PAUL RESIDENT OF HOUSE NO. 122 NEW GOSHALA HILL SIDE COLONY KRISHNA NAGAR MAILA TANKI MALIGAON 11 KAMRUP (M) ASSAM 6:SRI NIRMAL PAUL S/O LATE NRIPENDRA NATH PAUL RESIDENT OF HOUSE NO. 122 NEW GOSHALA HILL SIDE COLONY KRISHNA NAGAR Page No.# 3/6 MAILA TANKI MALIGAON 11 KAMRUP (M) ASSAM 7:SMTI REKHA PAUL W/O SRI AMAL PAUL RESIDENT OF HARIPATTY NEAR KALI MANDIR TEZPUR DIST SONITPUR ASSAM 78400 Advocate for the Petitioner : MR R CHAKRAVORTY, MS. P DEV,MR. M CHALIHA Advocate for the Respondent : SC, REVENUE, GA, ASSAM,MR. K GOGOI (R NO.2),MR. R BARPUJARI (SC,REVENUE) BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER Date : 17.11.2025 Heard Mr. R. Chakravorty, learned counsel for the petitioners; Ms. N. Bardoloi, learned Standing Counsel, Revenue Department for the respondent no. 1; and Mr. S.S. Roy, learned Junior Government Advocate, Assam for the respondent no. 2. 2. In this writ petition, the original writ petitioner was one Kalpana Saha @ Kalpana Rani Saha. During the pendency of the writ petition, the original writ petitioner expired and as the right to sue survived, the original petitioner had been substituted by her legal representatives as writ petitioners. 3. The case of the petitioners is that the family of the petitioners is the owner and in possession of a plot of land, measuring 2 Kathas & 11 Lessas, covered by Dag no. 391 [old] / Page No.# 4/6 1101 [new] of K.P. Patta no. 94 [old] / 233 [new] at Village – Jetia, Mouza - Beltola [‘subject- plot no. 1’, for short]. The family also purchased another plot of land measuring 2 Kathas & 8.82 Lessas, covered by Dag no. 1102 & K.P. Patta no. 822 at the same village [‘subject-plot no. 2’, for short] by a registered sale deed, Sale Deed no. 1603/1980 dated 08.03.1980. The two plots are combinedly referred to as ‘the subject-plots’ hereinafter. 4. A dispute arose with regard to the boundary between the subject-plots of the petitioners and the adjacent plot of land belonging to the private respondents. As there was allegedly an attempt by the private respondents to occupy a portion of the subject-plots, the petitioners instituted a title suit, Title Suit no. 498/2016 before the Court of Civil Judge no. 1, Kamrup [M], Guwahati [‘the Trial Court’, for short]. In the said title suit, the petitioners as plaintiffs also filed an application under Order 39 Rule 1 & 2, Code of Civil Procedure [CPC], 1908, which was registerd as Misc. [J] Case no. 754/2016. After hearing, the learned Trial Court passed an ad-interim Injunction Order dated 25.11.2016, thereby, restraining the private respondents and their agents to encroach upon the subject-plots belonging to the petitioner. The said Injunction Order was subsequently made absolute by an Order dated 10.01.2019. 5. The petitioners are before this Court by the instant writ petition to assail a Notice dated 31.08.2021 issued under the hand of the respondent no. 2, whereby, the respondent no. 2 asked for the presence of the original writ petitioner on 09.09.2021, in order to demarcate the boundary between subject-plots of the petitioners and the adjacent plot of land of the private respondents. Despite service of notice, the private respondents, that is, the respondent no. 3 to the respondent no. 7 have not entered appearance in this writ petition. 6. This Court on 20.09.2021 passed an interim order, the operative parts of which are as under :- As the land involved in said T.S. No. 498/2016, that is pending for adjudication before the Court of learned Civil Judge No.1, Kamrup (Metro), Guwahati, is the same land involved in the Demarcation Case No. 33/2021, Page No.# 5/6 presently pending before the Circle Officer, Dispur Revenue Circle, Guwahati that was registered on the basis of the application of the respondent No. 4; therefore, in the interim, the impugned notice dated 31.08.2021 issued by the Circle Officer, Dispur Revenue Circle, Guwahati in said Demarcation Case No. 33/2021 (Annexure-13) as well as the further proceeding of said Demarcation Case No. 33/2021 shall remain suspended until further order of the Court. 7. Mr. Roy, learned Junior Government Advocate, Assam appearing for the respondent no. 2 has submitted that the respondent no. 2 issued the impugned Notice for demarcation on receipt of an application from the private respondent no. 4 for demarcation of his land and the same had been registered as Demarcation Case no. 33/2021 and in the said demarcation case, the respondent no. 2 had issued the notice dated 31.08.2021. 8. As the issues with regard to the boundary between the subject-plots belonging to the petitioner and the adjacent plots belonging to the private respondents are subject matters of Title Suit no. 498/2016, the respondent no. 2 ought not to have issued the impugned Notice dated 31.08.2021, that too, without the leave of the Trial Court when the injunction order was still in operation. 9. As the title suit is pending as on date with injunction order operative, this writ petition assailing the impugned notice issued in Demarcation Case no. 33/2021, in the considered view of the Court, is not to be kept pending for any further period. 10. Having regard to the above facts and circumstances, and more particularly, due to the pendency of the Title Suit no. 498/2016 between the parties with the injunction order operative, the writ petition can be disposed of with a direction to the respondent no. 2 not to further proceed with the impugned Notice dated 31.08.2021, which was issued to Kalpana Saha @ Kalpana Rani Saha who expired on 24.10.2024, in Demarcation Case no. 33/2021 till the injunction Order dated 25.11.2016 is in operation or till disposal of Title Suit no. 498/2016, whichever is earlier. It will only be open for the respondent no. 2 to act further on the demarcation process subject to outcome of Title Suit no. 498/2016 and/or modification or Page No.# 6/6 vacation of the injunction Order dated 25.11.2016, with the issuance of fresh notice to the legal representatives of Kalpana Saha @ Kalpana Rani Saha. 11. This order disposes of the writ petition. No Cost. JUDGE Comparing Assistant