Page No.# 1/14 GAHC010032002025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WA/242/2025 THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM AND 2 ORS. REVENUE AND DISASTER MANAGEMENT DISPUR GUWAHATI 781006 2: THE DISTRICT COMMISSIONER IN THE DISTRICT KAMRUP ASSAM. 3: THE CIRCLE OFFICER NORTH GUWAHATI CIRCLE IN THE DISTRICT OF KAMRUP ASSA VERSUS ARUN SARMA AND 13 ORS SONS OF LATE BHAGAWAN CHANDRA SARMA, RESIDENTS OF KAMAKHYA, DISTRICT- KAMRUP (METRO), GUWAHATI, ASSAM, REPRESENTED BY THEIR CONSTITUTED ATTORNEY SHRI JAGADISH SHARMA, SON OF LATE SHYAMA CHARAN SHARMA, RESIDENT OF KUMARPARA, GUWAHATI, IN THE DISTRICT OF KAMRUP (M), ASSAM THE STATE OF ASSAM. 2:RAMESWAR SARMA S/O- LT. BHAGAWAN CHANDRA SARMA R/O- KAMAKHYA DIST.- KAMRUP (M) GHY ASSAM REP. BY THEIR CONSTITUTED ATTORNEY SHRI JAGADISH SHARMA S/O- LT. SHYAMA CHANRAN SHARMA R/O- KUMARPARA GHY IN THE DIST.- OF KAMRUP (M) ASSAM Page No.# 2/14 3:NAGEN SARMA S/O- LT. BHAGAWAN CHANDRA SARMA R/O- KAMAKHYA DIST.- KAMRUP (M) GHY ASSAM REP. BY THEIR CONSTITUTED ATTORNEY SHRI JAGADISH SHARMA S/O- LT. SHYAMA CHANRAN SHARMA R/O- KUMARPARA GHY IN THE DIST.- OF KAMRUP (M) ASSAM 4:ON THE DEATH OF BINA DEVI HER LEGAL HEIR SMTI. SABITRI GOSWAMI DAUGHTER IN LAW OF SMTI. BINA DEVI AGED ABOUT 63 YEARS R/O BRAHMIN PARA ROAD KAMAKHYA DISTRICT- KAMRUP (M) GUWAHATI ASSAM PIN-781010. 5:ON THE DEATH OF DHIRAJ SARMA HIS LEGAL HEIR SRI NILAY BHARADWAS S/O- LATE DHIRAJ SARMA AGED ABOUT 25 YEARS R/O- BRAHMIN PARA ROAD KAMAKHYA DISTRICT- KAMRUP (M) GUWAHATI ASSAM PIN-781010. 6:GOPAL SARMA S/O- LT. GOLAK SARMA R/O- KAMAKHYA DIST.- KAMRUP (M) GHY ASSAM REP. BY THEIR CONSTITUTED ATTORNEY SHRI JAGADISH SHARMA S/O- LT. SHYAMA CHANRAN SHARMA R/O- KUMARPARA GHY IN THE DIST.- OF KAMRUP (M) ASSAM Page No.# 3/14 7:PRADIP SARMA S/O- LT. GOLAK SARMA R/O- KAMAKHYA DIST.- KAMRUP (M) GHY ASSAM REP. BY THEIR CONSTITUTED ATTORNEY SHRI JAGADISH SHARMA S/O- LT. SHYAMA CHANRAN SHARMA R/O- KUMARPARA GHY IN THE DIST.- OF KAMRUP (M) ASSAM 8:MADHAB SARMA S/O- LT. GOLAK SARMA R/O- KAMAKHYA DIST.- KAMRUP (M) GHY ASSAM REP. BY THEIR CONSTITUTED ATTORNEY SHRI JAGADISH SHARMA S/O- LT. SHYAMA CHANRAN SHARMA R/O- KUMARPARA GHY IN THE DIST.- OF KAMRUP (M) ASSAM 9:DIPAK SARMA S/O- LT. CHANDRA KANTA SARMA R/O- KAMAKHYA DIST.- KAMRUP (M) GHY ASSAM REP. BY THEIR CONSTITUTED ATTORNEY SHRI JAGADISH SHARMA S/O- LT. SHYAMA CHANRAN SHARMA R/O- KUMARPARA GHY IN THE DIST.- OF KAMRUP (M) ASSAM 10:JYOTI KANTA SARMA S/O- LT. CHANDRA KANTA SARMA R/O- KAMAKHYA DIST.- KAMRUP (M) GHY ASSAM REP. BY THEIR CONSTITUTED ATTORNEY SHRI JAGADISH SHARMA S/O- LT. SHYAMA CHANRAN SHARMA R/O- KUMARPARA Page No.# 4/14 GHY IN THE DIST.- OF KAMRUP (M) ASSAM 11:SUSHIL KANTA SARMA S/O- LT. CHANDRA KANTA SARMA R/O- KAMAKHYA DIST.- KAMRUP (M) GHY ASSAM REP. BY THEIR CONSTITUTED ATTORNEY SHRI JAGADISH SHARMA S/O- LT. SHYAMA CHANRAN SHARMA R/O- KUMARPARA GHY IN THE DIST.- OF KAMRUP (M) ASSAM 12:NIROD KANTA SARMA S/O- LT. SURJYA KANTA SARMA R/O- KAMAKHYA DIST.- KAMRUP (M) GHY ASSAM REP. BY THEIR CONSTITUTED ATTORNEY SHRI JAGADISH SHARMA S/O- LT. SHYAMA CHANRAN SHARMA R/O- KUMARPARA GHY IN THE DIST.- OF KAMRUP (M) ASSAM 13:THE STATE OF ASSAM REP. BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM DISPUR GUWAHATI IN THE DISTRICT KAMRUP M ASSAM 781006. 14:THE DEPUTY SECRETARY/ADDITIONAL SECRETARY GOVT. OF ASSAM DISPUR GUWAHATI IN THE DISTRICT OF KAMRUP (M) ASSAM PIN- 78100 Advocate for the Petitioner : MR. RAJIB BORPUJARI, MR. A BHATTACHARYYA,MR. R BORPUJARI Advocate for the Respondent : MR A C BORBORA (R-4,5), MR S A HUSSAIN(R-4,5),MS. N Page No.# 5/14 DEY(R-4,5),BAIJOYONTA BAROOAH(R-4,5),MR. M DAS,MR S BHARALI(R-4,5),MR. B D DEKA,MR. M DAS(R-4,5),FOR CAVEATOR Linked Case : I.A.(Civil)/1500/2025 ON THE DEATH OF BINA DEVI HER LEGA HEIR SABITRI GOWAMI AND ORS DAUGHTER IN LAW LT BINA DEVI R/O BRAHMIN PARA ROAD KAMAKHYA DIST KAMRUP METRO GUWAHATI ASSAM 781010 2: ON THE DEATH OF DHIRAM SARMA HIS LEGAL HEIR NILAY BHARADWAS S/O LT DHIRAM SARMA R/O BRAHMIN PARA ROAD KAMAKHYA DIST KAMRUP METRO GUWHAATI ASSAM781010 VERSUS THE STATE OF ASSAM AND ORS REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM REVENUE AND DISASTER MANAGEMENT DEPARTMENT DISPUR GUWAHATI 781006 2:THE DISTRICT COMMISSIONER KAMRUP DIST KAMRUP ASSAM 3:THE CIRCLE OFFICER NORTH GUWAHATI CIRCLE IN THE DIST. OF KAMRUP ASSAM ------------ Advocate for : A PRADHAN Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND ORS Linked Case : I.A.(Civil)/485/2025 THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM REVENUE AND DISASTER MANAGEMENT DEPARTMENT DISPUR GUWAHATI-781006. 2: THE DISTRICT COMMISSIONER IN THE DISTRICT KAMRUP Page No.# 6/14 ASSAM. 3: THE CIRCLE OFFICER NORTH GUWAHATI CIRCLE IN THE DISTRICT OF KAMRUP ASSAM VERSUS ARUN SARMA AND ORS S/O- LT. BHAGAWAN CHANDRA SARMA R/O- KAMAKHYA DIST.- KAMRUP (M) GHY ASSAM REP. BY THEIR CONSTITUTED ATTORNEY SHRI JAGADISH SHARMA S/O- LT. SHYAMA CHARAN SHARMA R/O- KUMARPARA GUWAHATI IN THE DIST.- OF KAMRUP (M) ASSAM. 2:RAMESWAR SARMA S/O- LT. BHAGAWAN CHANDRA SARMA R/O- KAMAKHYA DIST.- KAMRUP (M) GHY ASSAM REP. BY THEIR CONSTITUTED ATTORNEY SHRI JAGADISH SHARMA S/O- LT. SHYAMA CHANRAN SHARMA R/O- KUMARPARA GHY IN THE DIST.- OF KAMRUP (M) ASSAM 3:NAGEN SARMA S/O- LT. BHAGAWAN CHANDRA SARMA R/O- KAMAKHYA DIST.- KAMRUP (M) GHY ASSAM REP. BY THEIR CONSTITUTED ATTORNEY SHRI JAGADISH SHARMA S/O- LT. SHYAMA CHANRAN SHARMA R/O- KUMARPARA GHY IN THE DIST.- OF KAMRUP (M) ASSAM 4:ON THE DEATH OF BINA DEVI HER LEGAL HEIR Page No.# 7/14 SMTI. SABITRI GOSWAMI DAUGHTER IN LAW OF SMTI. BINA DEVI AGED ABOUT 63 YEARS R/O BRAHMIN PARA ROAD KAMAKHYA DISTRICT- KAMRUP (M) GUWAHATI ASSAM PIN-781010. 5:ON THE DEATH OF DHIRAJ SARMA HIS LEGAL HEIR SRI NILAY BHARADWAS S/O- LATE DHIRAJ SARMA AGED ABOUT 25 YEARS R/O- BRAHMIN PARA ROAD KAMAKHYA DISTRICT- KAMRUP (M) GUWAHATI ASSAM PIN-781010. 6:GOPAL SARMA S/O- LT. GOLAK SARMA R/O- KAMAKHYA DIST.- KAMRUP (M) GHY ASSAM REP. BY THEIR CONSTITUTED ATTORNEY SHRI JAGADISH SHARMA S/O- LT. SHYAMA CHANRAN SHARMA R/O- KUMARPARA GHY IN THE DIST.- OF KAMRUP (M) ASSAM 7:PRADIP SARMA S/O- LT. GOLAK SARMA R/O- KAMAKHYA DIST.- KAMRUP (M) GHY ASSAM REP. BY THEIR CONSTITUTED ATTORNEY SHRI JAGADISH SHARMA S/O- LT. SHYAMA CHANRAN SHARMA R/O- KUMARPARA GHY IN THE DIST.- OF KAMRUP (M) ASSAM 8:MADHAB SARMA S/O- LT. GOLAK SARMA Page No.# 8/14 R/O- KAMAKHYA DIST.- KAMRUP (M) GHY ASSAM REP. BY THEIR CONSTITUTED ATTORNEY SHRI JAGADISH SHARMA S/O- LT. SHYAMA CHANRAN SHARMA R/O- KUMARPARA GHY IN THE DIST.- OF KAMRUP (M) ASSAM 9:DIPAK SARMA S/O- LT. CHANDRA KANTA SARMA R/O- KAMAKHYA DIST.- KAMRUP (M) GHY ASSAM REP. BY THEIR CONSTITUTED ATTORNEY SHRI JAGADISH SHARMA S/O- LT. SHYAMA CHANRAN SHARMA R/O- KUMARPARA GHY IN THE DIST.- OF KAMRUP (M) ASSAM 10:JYOTI KANTA SARMA S/O- LT. CHANDRA KANTA SARMA R/O- KAMAKHYA DIST.- KAMRUP (M) GHY ASSAM REP. BY THEIR CONSTITUTED ATTORNEY SHRI JAGADISH SHARMA S/O- LT. SHYAMA CHANRAN SHARMA R/O- KUMARPARA GHY IN THE DIST.- OF KAMRUP (M) ASSAM 11:SUSHIL KANTA SARMA S/O- LT. CHANDRA KANTA SARMA R/O- KAMAKHYA DIST.- KAMRUP (M) GHY ASSAM REP. BY THEIR CONSTITUTED ATTORNEY SHRI JAGADISH SHARMA S/O- LT. SHYAMA CHANRAN SHARMA R/O- KUMARPARA GHY IN THE DIST.- OF KAMRUP (M) Page No.# 9/14 ASSAM 12:NIROD KANTA SARMA S/O- LT. SURJYA KANTA SARMA R/O- KAMAKHYA DIST.- KAMRUP (M) GHY ASSAM REP. BY THEIR CONSTITUTED ATTORNEY SHRI JAGADISH SHARMA S/O- LT. SHYAMA CHANRAN SHARMA R/O- KUMARPARA GHY IN THE DIST.- OF KAMRUP (M) ASSAM 13:THE STATE OF ASSAM REP. BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM DISPUR GUWAHATI IN THE DISTRICT KAMRUP M ASSAM 781006. 14:THE DEPUTY SECRETARY/ADDITIONAL SECRETARY GOVT. OF ASSAM DISPUR GUWAHATI IN THE DISTRICT OF KAMRUP (M) ASSAM PIN- 781006 ------------ Advocate for : MR. D SAIKIA Advocate for : GA ASSAM appearing for ARUN SARMA AND ORS Linked Case : I.A.(Civil)/2408/2025 THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM AND 2 ORS. REVENUE AND DISASTER MANAGEMENT DEPARTMENT DISPUR GUWAHATI- 781006. 2: THE DISTRICT COMMISSIONER IN THE DISTRICT KAMRUP ASSAM. 3: THE CIRCLE OFFICER NORTH GUWAHATI CIRCLE Page No.# 10/14 IN THE DISTRICT OF KAMRUP ASSAM VERSUS ARUN SARMA AND 13 ORS SONS OF LATE BHAGAWAN CHANDRA SARMA RESIDENTS OF KAMAKHYA DISTRICT- KAMRUP (METRO) GUWAHATI ASSAM REPRESENTED BY THEIR CONSTITUTED ATTORNEY SHRI JAGADISH SHARMA SON OF LATE SHYAMA CHARAN SHARMA RESIDENT OF KUMARPARA GUWAHATI IN THE DISTRICT OF KAMRUP (M) ASSAM. 2:RAMESWAR SARMA S/O- LT. BHAGAWAN CHANDRA SARMA R/O- KAMAKHYA DIST.- KAMRUP (M) GHY ASSAM REP. BY THEIR CONSTITUTED ATTORNEY SHRI JAGADISH SHARMA S/O- LT. SHYAMA CHANRAN SHARMA R/O- KUMARPARA GHY IN THE DIST.- OF KAMRUP (M) ASSAM 3:NAGEN SARMA S/O- LT. BHAGAWAN CHANDRA SARMA R/O- KAMAKHYA DIST.- KAMRUP (M) GHY ASSAM REP. BY THEIR CONSTITUTED ATTORNEY SHRI JAGADISH SHARMA S/O- LT. SHYAMA CHANRAN SHARMA R/O- KUMARPARA GHY IN THE DIST.- OF KAMRUP (M) ASSAM 4:ON THE DEATH OF BINA DEVI HER LEGAL HEIR SMTI. SABITRI GOSWAMI DAUGHTER IN LAW OF SMTI. BINA DEVI AGED ABOUT 63 YEARS Page No.# 11/14 R/O BRAHMIN PARA ROAD KAMAKHYA DISTRICT- KAMRUP (M) GUWAHATI ASSAM PIN-781010. 5:ON THE DEATH OF DHIRAJ SARMA HIS LEGAL HEIR SRI NILAY BHARADWAS S/O- LATE DHIRAJ SARMA AGED ABOUT 25 YEARS R/O- BRAHMIN PARA ROAD KAMAKHYA DISTRICT- KAMRUP (M) GUWAHATI ASSAM PIN-781010. 6:GOPAL SARMA S/O- LT. GOLAK SARMA R/O- KAMAKHYA DIST.- KAMRUP (M) GHY ASSAM REP. BY THEIR CONSTITUTED ATTORNEY SHRI JAGADISH SHARMA S/O- LT. SHYAMA CHANRAN SHARMA R/O- KUMARPARA GHY IN THE DIST.- OF KAMRUP (M) ASSAM 7:PRADIP SARMA S/O- LT. GOLAK SARMA R/O- KAMAKHYA DIST.- KAMRUP (M) GHY ASSAM REP. BY THEIR CONSTITUTED ATTORNEY SHRI JAGADISH SHARMA S/O- LT. SHYAMA CHANRAN SHARMA R/O- KUMARPARA GHY IN THE DIST.- OF KAMRUP (M) ASSAM 8:MADHAB SARMA S/O- LT. GOLAK SARMA R/O- KAMAKHYA DIST.- KAMRUP (M) GHY Page No.# 12/14 ASSAM REP. BY THEIR CONSTITUTED ATTORNEY SHRI JAGADISH SHARMA S/O- LT. SHYAMA CHANRAN SHARMA R/O- KUMARPARA GHY IN THE DIST.- OF KAMRUP (M) ASSAM 9:DIPAK SARMA S/O- LT. CHANDRA KANTA SARMA R/O- KAMAKHYA DIST.- KAMRUP (M) GHY ASSAM REP. BY THEIR CONSTITUTED ATTORNEY SHRI JAGADISH SHARMA S/O- LT. SHYAMA CHANRAN SHARMA R/O- KUMARPARA GHY IN THE DIST.- OF KAMRUP (M) ASSAM 10:JYOTI KANTA SARMA S/O- LT. CHANDRA KANTA SARMA R/O- KAMAKHYA DIST.- KAMRUP (M) GHY ASSAM REP. BY THEIR CONSTITUTED ATTORNEY SHRI JAGADISH SHARMA S/O- LT. SHYAMA CHANRAN SHARMA R/O- KUMARPARA GHY IN THE DIST.- OF KAMRUP (M) ASSAM 11:SUSHIL KANTA SARMA S/O- LT. CHANDRA KANTA SARMA R/O- KAMAKHYA DIST.- KAMRUP (M) GHY ASSAM REP. BY THEIR CONSTITUTED ATTORNEY SHRI JAGADISH SHARMA S/O- LT. SHYAMA CHANRAN SHARMA R/O- KUMARPARA GHY IN THE DIST.- OF KAMRUP (M) ASSAM 12:NIROD KANTA SARMA Page No.# 13/14 S/O- LT. SURJYA KANTA SARMA R/O- KAMAKHYA DIST.- KAMRUP (M) GHY ASSAM REP. BY THEIR CONSTITUTED ATTORNEY SHRI JAGADISH SHARMA S/O- LT. SHYAMA CHANRAN SHARMA R/O- KUMARPARA GHY IN THE DIST.- OF KAMRUP (M) ASSAM 13:THE STATE OF ASSAM REP. BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM DISPUR GUWAHATI IN THE DISTRICT KAMRUP M ASSAM 781006. 14:THE DEPUTY SECRETARY/ADDITIONAL SECRETARY GOVT. OF ASSAM DISPUR GUWAHATI IN THE DISTRICT OF KAMRUP (M) ASSAM PIN- 781006 ------------ For the Petitioner/appellant(s) : Mr. R. Borpujari, SC, Revenue For the Respondent(s) : Mr. B. D. Deka, Advocate Mr. M. Das, Advocate Mr. S. A. Hussain, Advocate – BEFORE – HON’BLE THE CHIEF JUSTICE MR. ASHUTOSH KUMAR HON’BLE MR. JUSTICE ARUN DEV CHOUDHURY 19.11.2025 (Ashutosh Kumar, CJ) There is no report regarding service of notice on the two Advocates who had refused to give “No Objection” to respondent Nos. 4 and 5. This Court only wanted to counsel them that an Advocate ought not Page No.# 14/14 to sit over the file of his client if the client wants to engage another lawyer. Be that as it may, today Mr. M. Das, learned Advocate has filed Vakalatnama on behalf of respondent Nos. 4 and 5 and seeks some time to respond to the appeal. Re-notify on 06.02.2026. In case any affidavit on behalf of respondent Nos. 4 and 5 is required to be filed, that may be done by the next date. JUDGE CHIEF JUSTICE Comparing Assistant