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2025 DAILYLAW 3933 (GAU)

ASSAM GORKHA SAMMELAN AND ANR v. DIPEN DEORI AND ORS

I.A.(Civil)/2930/2026 · 2026-09-08

Arun Dev Choudhury

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/8 GAHC010233802025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : PIL/51/2025 DIPEN DEORI VICE-PRESIDENT OF ALL INDIA TRIBAL STUDENTS ASSOCIATION- ASSAM S/O- CHINADHAR DEORI, VILL- SHANTIPUR NIREN BORO PATH, P.O.- GARCHUK, P.S. GARCHUK, DISTRICT- KAMRUP (M) ASSAM- 781035 PHONE NO.- 9864020383 VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE CHIEF SECERTARY TO THE GOVT. OF ASSAM, DISPUR, GUWAHATI- ASSAM-06 2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM REVENUE AND DISASTER MANAGEMENT DEPARTMENT SURVEY AND SETTLEMENT BRANCH ASSAM SECRETARY (CIVIL) DISPUR GUWAHATI ASSAM- 78106 3:THE DIRECTOR OF LAND RECORDS AND SURVEY RUPA NAGAR ULUBARI GUWAHATI ASSAM- 781007 4:THE DISTRICT COMMISSIONER TINSUKIA P.O. ANND P.S. TINSUKIA ASSAM- 786125 5:THE CIRCLE OFFICER MARGHERITA REVENUE CIRCLE Page No.# 2/8 MARGHERITA DISTRICT- TINSUKIA ASSAM PIN- 78618 Advocate for the Petitioner : RAJU DEURI, MR. S K DEORI Advocate for the Respondent : SC, REVENUE, GA, ASSAM Linked Case : I.A.(Civil)/2930/2026 ASSAM GORKHA SAMMELAN AND ANR WITH ITS REGISTERED OFFICE AT MANI KUMAR SUBBA BHAWAN PALTAN BAZAR P.S- PALTAN BAZAR GUWAHATI-07 REPRESENTED BY ITS PRESIDENT SHRI. KRISHNA BHUJEL. 2: SHRI KRISHNA BHUJEL AGED ABOUT 59 YEARS S/O. TIL BAHADUR BHUJEL R/O. H.NO.4 JONAKI MAHANTA PATHPACHIM BORAGAON GOTA NAGAR P.S-GORCHUK GUWAHATI-33 DIST-KAMRUPM ASSAM PRESENTLY PRESIDENT ASSAM GORKHA SAMMELAN VERSUS DIPEN DEORI AND ORS VICE - PRESIDENT OF ALL INDIA TRIBAL STUDENTS ASSOCIATION -ASSAM S/O - CHINADHAR DEORI VILL- SHANTIPUR NIREN BORO PATH P.O.- GARCHUK P.S. GARCHUK DISTRICT-KAMRUP M ASSAM- 781035 Page No.# 3/8 2:THE STATE OF ASSAM REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM DISPUR GUWAHATI - 781006. 3:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM REVENUE AND DISASTER MANAGEMENT DEPARTMENT SURVEY AND SETTLEMENT BRANCH ASSAM SECRETARIAT CIVIL DISPUR GUWAHATI- 781006 4:THE DIRECTOR OF LAND RECORDS ANDSURVEY RUPA NAGAR ULUBARI GUWAHATI ASSAM-781007 5:THE DISTRICT COMMISSIONER TINSUKIA P.O AND P.S-TINSUKIA ASSAM- 786125 6:THE CIRCLE OFFICER MARGHERITA REVENUE CIRCLE MARGHERITA ASSAM PIN- 78618. ------------ Advocate for : MR. R P SARMAH Advocate for : GA ASSAM appearing for DIPEN DEORI AND ORS Linked Case : I.A.(Civil)/2466/2026 ASSAM GORKHA SAMMELAN WITH ITS REGISTERED OFFICE AT MANI KUMAR SUBBA BHAWAN PALTAN BAZAR P.S- PALTAN BAZAR GUWAHATI-07 REPRESENTED BY ITS PRESIDENT SHRI. KRISHNA BHUJEL 2: SHRI KRISHNA BHUJEL S/O. TIL BAHADUR BHUJEL R/O. H.NO.4 JONAKI MAHANTA PATH PACHIM BORA GAON GOTA NAGAR P.S-GORCHUK GUWAHATI-33 Page No.# 4/8 DIST-KAMRUPM ASSAM PRESENTLY PRESIDENT. ASSAM GORKHA SAMMELAN VERSUS RAJESH SINGHPHO PRESIDENT OF TIRAP TRIBAL BELT PROTECTION COMMITTEE SON OF PHUBON GUDUNG SINGPHO VILLAGE - MUNGONG PATHER P.O- INTHEM P.S- PENGEREE DISTRICT- TINSUKIA ASSAM- 786174 2:HOTOI SEMA GENERAL SECRETARY OF TIRAP TRIBAL PROTECTION COMMITTEE SON OF MR. HAKIQUHE SEMA VILLAGE- TINKUPATHER P.O- BISHNUPUR PS LEKHAPANI DIST TINSUKIA ASSAM 788618 3:THE STATE OF ASSAM REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM DISPUR GUWAHATI - 781006 4:THE ADDITIONAL CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM REVENUE AND DISASTER MANAGEMENT DEPARTMENT SURVEY AND SETTLEMENT BRANCH ASSAM SECRETARIAT CIVIL DISPUR GUWAHATI- 781006 5:THE DIRECTOR OF LAND RECORDS AND SURVEY ETC ULUBARI GUWAHATI ASSAM- 781032 6:THE DISTRICT COMMISSIONER TINSUKIA OFFICE OF THE DISTRICT COMMISSIONER P.O AND P.S- TINSUKIA ASSAM- 786125 7:THE CIRCLE OFFICER TIRAP REVENUE CIRCLE Page No.# 5/8 MARGHERITA ASSAM PIN- 78618 ------------ Advocate for : MR. R P SARMAH Advocate for : GA ASSAM appearing for RAJESH SINGHPHO Linked Case : PIL/47/2025 RAJESH SINGHPHO AND ANR PRESIDENT OF TIRAP TRIBAL BELT PROTECTION COMMITTEE SON OF PHUBON GUDUNG SINGPHO VILLAGE MUNGONG PATHER P.O- INTHEM P.S- PENGEREE DISTRICT- TINSUKIA ASSAM- 786174 2: HOTOI SEMA GENERAL SECRETARY OF TIRAP TRIBAL PROTECTION COMMITTEE SON OF MR. HAKIQUHE SEMA VILLAGE- TINKUPATHER P.O- BISHNUPUR P.S- LEKHAPANI DISTRICT- TINSUKIA ASSAM- 786188 VERSUS THE STATE OF ASSAM AND 4 ORS. REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM DISPUR GUWAHATI- 781006 2:ADDITIONAL CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM REVENUE AND DISASTER MANAGEMENT DEPARTMENT SURVEY AND SETTLEMENT BRANCH ASSAM SECRETARIAT (CIVIL) DISPUR GUWAHATI- 781006 3:THE DIRECTOR OF LAND RECORDS AND SURVEY ETC. ULUBARI GUWAHATI ASSAM- 781032 4:THE DISTRICT COMMISSIONER TINSUKIA Page No.# 6/8 OFFICE OF THE DISTRICT COMMISSIONER P.O AND P.S- TINSUKIA ASSAM- 786125 5:THE CIRCLE OFFICER TIRAP REVENUE CIRCLE MARGHERITA ASSAM PIN- 786181 ------------ For the appellant/petitioner(s) : Mr. R.P. Sarmah, Sr. Advocate Mr. M.R. Adhikar, Advocate Mr. R. Rongmei, Advocate Mr. R. Deuri, Advocate For the Respondent(s) : Ms. N. Bordoloi, SC, Revenue Mr. S. Baruah, Advocate –B E F O R E – HON’BLE THE CHIEF JUSTICE MR. ASHUTOSH KUMAR HON’BLE MR. JUSTICE ARUN DEV CHOUDHURY 09.09.2026 (AshutoshKumar, CJ) We have heard Mr. R.P. Sarmah, learned senior Advocate for the applicants. Both these Interlocutory Applications have been filed by the same applicants, namely, Assam Gorkha Sammelan, and Shri Krishna Bhujel. Of these two Interlocutory Applications, I.A. (Civil) No. 2930/2026 has been filed by the applicants seeking their impleadment as respondents No. 6 and 7 in the PIL No. 51/2025, and I.A. (Civil) No. 2466/2026 has been filed by the applicants seeking their impleadment as respondents No. 8 and 9 in the PIL No. 47/2025. The afore-noted PILs have been filed by the petitioners questioning the Government Notification dated 18.08.2025, issued by the Additional Page No.# 7/8 Chief Secretary to the Government of Assam, Revenue & Disaster Management Department, by which eight communities, namely, Ahom, Matak, Moran, Chutia, Gorkha, Koch Rajbongshi and the Tea Garden and Adivasi Communities have been included in the list of “protected classes of persons” in the Tirap Tribal Belt, under Section 160(2) of Chapter-X of the Assam Land and Revenue Regulation, 1886. The contention of the petitioners in these PILs is that this inclusion would dilute the interests of the tribal communities which are originally protected under Chapter-X. It is contended that such protection under Chapter-X is designed to safeguard the socially and economically vulnerable classes against the groups/communities, which are socially and economically stronger. The communities, which are newly included vide the notification impugned in the PILs, are socially and economically advanced and, therefore, their inclusion will, perhaps, lead to displacement, marginalization and possible extinction of the tribal population in the Tirap Belt, as, with this inclusion, now the communities newly included in the list will be able to obtain and occupy land in the tribal belt area. It is in this context that the present Interlocutory Applications have been filed seeking impleadment of the applicants in the afore-noted PILs. Considering the facts of the case and the necessity of the impleadment of the applicants in the PILs, the applicants’ prayer for impleadment is allowed. The applicants, namely, Assam Gorkha Sammelan, and Shri Krishna Bhujel are permitted to be impleaded as respondents No. 6 and 7 in PIL No. 51/2025, and as respondents No. 8 and 9 in PIL No. 47/2025. Page No.# 8/8 The Interlocutory Applications are allowed. The applicants shall file amended Cause Title of the PILs before the Registry within a period of one week from today. Thereafter, the PILs shall be listed for admission on 28.09.2026. JUDGE CHIEF JUSTICE Comparing Assistant