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2026 DAILYLAW 13269 (GAU)

BHARATIA CHA MAZDOOR SANGHA TINGRAI SAKHA v. THE STATE OF ASSAM AND 5 ORS.

WP(C)/4241/2022 · 2026-08-23

Devashis Baruah

Writ Petition (Civil)body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/5 GAHC010115532022 2026:GAU-AS:12296 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4241/2022 BHARATIA CHA MAZDOOR SANGHA TINGRAI SAKHA REGISTRATION NO-642, KHATUJAN TEA ESTATE, DIST- TINSUKIA, ASSAM. AND REP. BY ITS PRESIDENT RAJ PATNAYAK @ RAJ NAYAK, AGE- 35YEARS. S/O- KUNDAN NAYAK, R/O- SUKAN PUKHURI TEA ESTATE, P.O- SUKAN PUKHURI, DIST- TINSUKIA, ASSAM, PIN-786146 VERSUS THE STATE OF ASSAM AND 5 ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, REVENUE AND DISASTER MANAGEMENT DEPARTMENT, DISPUR, GUWAHATI-6 2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM REVENUE AND DISASTER MANAGEMENT DEPARTMENT DISPUR GUWAHATI-6 3:THE DEPUTY COMMISSIONER P.O- AND DIST- TINSUKIA ASSAM PIN-786125 4:THE MANAGER SUKAN PUKHURI TEA ESTATE P.O- SUKAN PUKHURI Page No.# 2/5 DIST- TINSUKIA ASSAM PIN-786146 5:MAHENDRA SUREKA S/O- LATE MADAN MOHAN SUREKA R/O- S.R LODHIA ROAD BANK ROAD CHIRAPATTY TINSUKIA ASSAM PIN-786125 6:MAMATA SUREKA W/O- MAHENDRA SUREKA R/O- S.R LODHIA ROAD BANK ROAD CHIRAPATTY TINSUKIA ASSAM PIN-78612 For the Petitioner(s) : Mr. A. R. Mandal, Advocate For the Respondent(s) : Ms. M. Barman, Jr. GA, Assam : Ms. G. Hazarika, Standing Counsel : Mr. R. S. Mishra, Advocate BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 24.08.2026 Heard Mr. A. R. Mandal, the learned counsel appearing on behalf of the Petitioner and Ms. G. Hazarika, the learned Standing counsel appearing on behalf of the Respondent Nos. 1 Page No.# 3/5 and 2. I have also heard Ms. M. Barman, the learned Junior Government Advocate appearing on behalf of the Respondent No.3 and Mr. R. S. Mishra, the learned counsel appearing on behalf of the Respondent Nos. 5 and 6. 2. The present writ petition has been filed by the Petitioner organization which claims to be the Branch of Bharatiya Cha Mazdoor Sangha which is a trade union. 3. The grievance of the Petitioner herein is that Respondent Nos. 5 and 6 have carried out construction over the tea periodic patta land without obtaining the necessary conversion. 4. Pursuant to the filing of the instant writ petition, the Respondent No.3 has filed an affidavit-in-opposition wherein it is mentioned that an enquiry proceeding was initiated on the basis of the representation submitted by the Petitioner and the said representation was disposed by carrying out an enquiry vide an order dated 24.05.2022 by the Additional Deputy Commissioner (Revenue), Tinsukia wherein it was directed that the land used by the Respondent Nos. 4 and 5 should not be used for any other purpose unless allowed by any Court of law in future. Apart from that, there was also a direction that no illegal construction of any type should be done and the Circle Officer, Tinsukia was also directed that no unauthorized illegal transfer Page No.# 4/5 of Tea Periodic Patta land takes place. 5. It is further mentioned in the said affidavit-in-opposition that pursuant thereto, on the basis of a notification dated 20.10.2024 introduced by the State of Assam with the title “One-Time Conversion of Tea Grant Land to Periodic Patta” under the Revenue and Disaster Management Department, the Respondent Nos. 5 and 6 submitted application for conversion of the Tea Grant land into periodic patta land. After examination of all relevant documents and verification of the eligibility criteria following due procedure, the applications filed by the Respondent No. 6 bearing No. RTPS/TGPP/2024/990 dated 30.05.2025 was approved by the then District Commissioner, Tinsukia, vide approval No. TIN/DC/2025/108594 dated 02.09.2025. Consequently, a plot of Tea Grant land admeasuring 2 Bighas 3 Kathas 17.78 Lechas covered by Dag No.33 was converted into and settled as periodic patta land in favour of the Respondent No.6 upon payment of Government premium amounting to Rs.6,94,450/-. Further to that, application filed by the Respondent No.5 was approved by the District Commissioner vide the approval No. TIN/DC/2025/108595 dated 02.09.2025 and thereby a plot of Tea Grant land admeasuring 1 Bigha 1 Katha 18.89 Lechas covered by Dag No.33 was converted into and settled as periodic patta land in Page No.# 5/5 favour of the Respondent No.5 upon payment of the Government premium amounting to Rs.3,47,225/-. 6. Taking into account the above, as land admeasuring 2 Bighas 3 Kathas 17.78 Lechas covered by Dag No.33 and 1 Bigha 1 Katha 18.89 Lechas covered by Dag No.33 have been converted into periodic patta in favour of the Respondent Nos. 6 and 5 respectively, nothing further survives in the instant writ petition. 7. Accordingly, the writ petition stands closed. JUDGE Comparing Assistant