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2026 DAILYLAW 15514 (GAU)

RATUL CHANDRA ROY v. THE STATE OF ASSAM AND 8 ORS

WP(C)/5324/2024 · 2026-09-29

Devashis Baruah

Writ Petition (Civil)body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/4 GAHC010217052024 2026:GAU-AS:14620 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5324/2024 RATUL CHANDRA ROY R/O- VILL.- BOALIMARI, P.O. ABHAYAPURI, DIST. BONGAIGAON, ASSAM, PIN- 783384. VERSUS THE STATE OF ASSAM AND 8 ORS REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM, DISPUR, GHY-781006. 2:THE DEPARTMENT OF TOURISM REPRESENTED BY THE COMMISSIONER AND SECRETARY ASSAM STATE TOURISM DEPARTMENT GOVT. OF ASSAM DISPUR GHY-781006. 3:THE DIRECTOR OF TOURISM DIRECTORATE OF TOURISM GOVT. OF ASSAM STATION ROAD GHY-781001. 4:THE ASSAM TOURISM DEVELOPMENT CORPORATION LIMITED REPRESENTED BY ITS MANAGING DIRECTOR ASSAM TOURISM DEVELOPMENT CORPORATION LIMITED ASSAM PARYATAN BHAWAN AK AZAD ROAD PALTANBAZAR GHY781008. 5:GENERAL MANAGER Page No.# 2/4 ASSAM TOURISM DEVELOPMENT CORPORATION LIMITED ASSAM PARYATAN BHAWAN AK AZAD ROAD PALTANBAZAR GHY-781008. 6:DISTRICT COMMISSIONER BONGAIGAON ASSAM-783384. 7:ADDITIONAL DISTRICT COMMISSIONER BONGAIGAON ASSAM-783384. 8:SUB-DIVISIONAL OFFICER (C) NORTH SALMARA AND CHAIRMAN KKEP DEVELOPMENT COMMITTEE DIST. BONGAIGAON ASSAM PIN- 783384. 9:MEMBER SECRETARY KKEP DEVELOPMENT COMMITTEE DIST- BONGAIGAON ASSAM-783384 For the Applicant (s) : Mr. R. Sekhar, Advocate For the Respondent(s) : Mr. B. Gogoi, AAG Ms. P. Baruah, Advocate BEFORE HON’BLE MR. JUSTICE DEVASHIS BARUAH O R D E R 30.09.2026 Heard Mr. R. Sekhar, the learned counsel appearing on behalf of the Petitioner. Mr. B. Gogoi, the learned Additional Advocate General appears on behalf of the Respondent Nos.1, 2, 3, 6, 7 & Page No.# 3/4 8 and Ms. P. Baruah, the learned counsel appears on behalf of the Respondent Nos.4 & 5. 2. The present writ petition was filed by the Petitioner being aggrieved by the inaction on the part of the Respondent Authorities in not handing over the entire project as described in Schedule A to the Agreement dated 29.05.2023. It is the further case of the Petitioner that prior to the filing of the instant writ petition, various resolutions were adopted thereby reducing the area of the property which was to be handed over to the Petitioner. It is under such circumstances that the Petitioner had approached this Court. 3. In the meantime, during the pendency of the instant writ petition, the General Manager of the Assam Tourism Development Corporation Limited took a decision pursuant to the Minutes of the Meeting held on 29.06.2026 to terminate the Agreement entered into with the Petitioner and refund the security deposit of Rs.4,93,200/- and the advance lease rent of Rs.4,93,200/- together with the GST. 4. Taking into account the order of the General Manager, Assam Tourism Development Corporation Limited dated 16.09.2026, the grievances of the Petitioner in the present proceedings sans a challenge to the termination order cannot be Page No.# 4/4 proceeded with. 5. Accordingly, the instant writ petition therefore stands closed with liberty granted to the Petitioner to assail the order dated 16.09.2026. The liberty so granted is subject to being permissible under law. 6. It is further observed that the closing of the instant writ petition shall not prejudice the Petitioner while challenging the termination order dated 16.09.2026. JUDGE Comparing Assistant