Page No.# 1/4 GAHC010037222025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2964/2025 RASHMI REKHA TALUKDAR AND 2 ORS W/O HARI DAS TALUKDAR, R/O VILLAGE TANGABARI, P.O. AND P.S. DUDHNOI, DISTRICT GOALPARA, ASSAM, PIN 783124 2: BABU ALI S/O ROMZAN ALI R/O VILLAGE TANGABARI P.O. AND P.S. DUDHNOI DISTRICT GOALPARA ASSAM PIN 783124 3: ILIZA BEGUM W/O MOHASEN ALI R/O VILLAGE TANGABARI P.O. AND P.S. DUDHNOI DISTRICT GOALPARA ASSAM PIN 78312 VERSUS THE STATE OF ASSAM AND 7 ORS. REPRESENTED BY THE CHIEF SECRETARY, ASSAM, DISPUR, GUWAHATI- 781006 2:COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM HOME DEPARTMENT DISPUR GUWAHATI-781006 3:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM REVENUE AND DISASTER MANAGEMENT Page No.# 2/4 ASSAM DISPUR GUWAHATI-6 4:THE DIRECTOR GENERAL OF POLICE ASSAM ULUBARI GUWAHATI-781007 5:THE DISTRICT COMMISSIONER GOALPARA P.O. AND DISTRICT- GOALPARA ASSAM PIN 783101 6:THE CIRCLE OFFICER DUDHNOI REVENUE CIRCLE P.O. AND PS. DUDHNOI DISTRICT GOALPARA ASSAM PIN 783124 7:THE SUPERINTENDENT OF POLICE GOALPARA P.O. AND PS. GOALPARA DISTRICT GOALPARA ASSAM PIN 783101 8:THE OFFICER IN CHARGE DUDHNOI POLIE STATION P.O AND P.S. DUDHNOI DISTRICT GOALPARA ASSAM PIN 78312 Advocate for the Petitioner : MR M RANA, MR M.HOQUE Advocate for the Respondent : GA, ASSAM, SC, REVENUE Page No.# 3/4 BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI ORDER 20-06-2025 Heard Shri M. Rana, learned counsel for the petitioner, who has approached this Court with the following prayer: “ In the premises aforesaid it is therefore most respectfully prayed that Your Lordship would graciously be pleased to admit this petition call for the records and issue a rule calling upon the Respondent to show cause as to why a writ as prayed for shall not be issued and after hearing the parties and perusal the record, make the rule absolute by directing the Respondent authorities adequately compensate to the Petitioners for illegally demolishing their house and allow them to enter their premises by removing the red ribbon and or pass other order/orders as Your Lordship may deem fit and proper under the facts and circumstances of the case. -AND- IN the interim it is further prayed that the Petitioners be allowed to enter their premises by immediately removing the red ribbon. And for this act of your kindness, the Petitioners as in duty bound shall ever play.” The learned counsel for the petitioner has submitted that the demolition was carried out illegally and therefore, he is entitled to compensation. On the other hand, both Shri S. S. Roy, learned State Counsel as well as Ms. G. Hazarika, learned Standing counsel, Revenue Department have refuted the aforesaid claim and has further submitted that the matter of compensation cannot be gone into by Writ Court when there are disputed questions of fact. Upon considering the facts and circumstances and the relief claimed which have been extracted above, this Court is of the opinion that even if the Page No.# 4/4 petitioner is able to make out a case that the demolition was not authorized by law, the aspect of compensation will not be a subject matter which can be determined by this Court in exercise of its power under Article 226 of the Constitution of India. In view of the above, this writ petition is dismissed. However, liberty is granted to the petitioner to approach the appropriate Civil Court. It is however made clear that no opinion has been rendered on the inter se merits of the case. JUDGE Comparing Assistant