Page No.# 1/3 GAHC010040812021 2025:GAU-AS:2913 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1566/2021 DEBA SHARMA S/O LATE NAMADEV SHARMA RESIDENT OF BASISTHA CHARIALI, PO AND PS BASISTHA, GUWAHATI 781029, DIST KAMRUPM ASSAM VERSUS THE UNION OF INDIA AND 5 ORS THROUGH ITS DEFENCE SECRETARY, MINISTRY OF DEFENCE, SOUTH BLOCK, NEW DELHI 110011 2:THE CELL COMMANDANT OFFICER SUB AREA NARANGI PO AND PS NARANGI GUWAHATI DIST KAMRUP M ASSAM 781026 3:THE COMMANDANT 151 BASE HOSPITAL C/O 99 APO BASISTHA PO AND PS BASISTHA DIST KAMRUP M ASSAM 781029 4:THE COMMANDANT HEADQUARTERS EASTERN COMMAND FORT WILLIAM KOLKATTA 700021 5:THE DEPUTY COMMISSIONER OFFICE OF THE DEPUTY COMMISSIONER LICHUBAGAN HENGRABARI Page No.# 2/3 KAMRUP(M) GUWAHATI-781036 6:THE GUWAHATI METROPOLITAN DEVELOPMENT AUTHORITY THIRD FLOOR STATFED BUILDING GMC HOSPITAL ROAD BHANGAGARH GUWAHATI ASSAM-78100 Advocate for the Petitioner : MR F KHAN, MS BISMITA BARMAN,MS D BARUAH Advocate for the Respondent : ASSTT.S.G.I., BEFORE HON’BLE MR. JUSTICE ARUN DEV CHOUDHURY ORDER 19-03-2025 1. The petitioner claims to be the owner of a plot of land, measuring 1 Katha, 5 Lechas covered under Dag No. 131 (old)/49 (new) of FC Grant No. 1, Vill-Basistha FC Grant. However, the Armed Force authority encroached his land and is trying to raise a permanent fence. 2. In the aforesaid backdrop, this Court under its order dated 30.08.2023, sought for a report from the Circle Officer, Dispur Revenue Circle and the Circle Officer submitted the report that the Armed Force has not encroached any land of the petitioner. 3. In view of the aforesaid, the learned counsel for the petitioner submits that he may be allowed to withdraw the writ petition with a liberty to file an appropriate proceeding including a Civil Suit before the appropriate Court for declaration of his right, title and interest as well as for recovery of possession. Page No.# 3/3 4. Prayer stands allowed and the writ petition stands closed on withdrawal. 5. However, it is made clear that this Court has not made any comment on the merit of the claims either of the petitioner or the respondent Armed Force or the Circle Officer. JUDGE Comparing Assistant