Page No.# 1/7 GAHC010014192023 2026:GAU-AS:15787 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/744/2023 KALINATH SARMA AND 6 ORS SON OF LATE ADYA NATH SARMA, RESIDENT OF VILLAGE NO. 2, GOURIPUR, WARD NO. 2, DISTRICT- DHUBRI, ASSAM, PIN- 783331. 2: SMTI SUMAN SARMA DAUGHTER OF MRINAL SARMA RESIDENT OF VILLAGE- GAURIPUR WARD NO. 2 P.O.- GAURIPUR DISTRICT- DHUBRI ASSAM PIN- 783331. 3: HEMANTA KUMAR SARMA SON OF LATE AMBIKA CHARAN SARMA RESIDENT OF VILLAGE- NORTH BALI P.O.- SIALMARI P.S.- TIHU DISTRICT- NALBARI ASSAM PIN 781371. 4: SMTI. ANJU ROY BAISHYA DAUGHTER OF SRI MADAN ROY Page No.# 2/7 RESIDENT OF VILLAGE- MILANPUR TEPECHIYA P.O. AND P.S.- BOKO DISTRICT- KAMRUP ASSAM. 5: MUKUL CHANDRA GOSWAMI SON OF SRI BIPIN CHANDRA GOSWAMI RESIDENT OF VILLAGE AND P.O.- BALISATRA P.S.- KAYAN DISTRICT- KAMRUP ASSAM. 6: SMTI PAPARI GOSWAMI DAUGHTER OF LATE UPENDRA GOSWAMI RESIDENT OF HOUSE NO. 18 HARI MANDIR PATH NEW DOWN TOWN HOSPITAL P.O.- ASSAM SACHIVALAYA (DISPUR) DISTRICT- KAMRUP(METRO) ASSAM PIN- 781006. 7: JAYANTA KUMAR BHAGAWATI SON OF UTTAM BHAGAWATI RESIDENT OF NALBARI COLLEGE HOSTEL ROAD P.S. AND DISTRICT- NALBARI ASSAM PIN- 781335 VERSUS NORTH EASTERN DEVELOPMENT FINANCE CORPORATION LTD (NEDFI) AND 10 ORS Page No.# 3/7 BASUNDHARA ENCLAVE, B.K. KAKATI ROAD, ULUBARI, GUWAHATI- 781007. 2:MITRA ENTERTAINMENTS PRIVATE LIMITED REGISTERED OFFICE- ARNAV COURT FLAT NO. B/3 A.K. AZAD ROAD REHABARI KAMRUP(METRO) ASSAM- 781008. 3:SANJAY MITRA SON OF LATE SUDHIR MITRA R/O- ARNAV COURT FLAT NO. B/3 A.K. AZAD ROAD REHABARI KAMRUP(METRO) ASSAM- 781008. ALTERNATIVE ADDRESS- FLAT NO. 5A ADITYA APARTMENT MANIK NAGAR BYE LANE-2 R.G. BARUAH ROAD GUWAHATI- 781006. 4:MRS. SHARMILA MITRA R/O- ARNAV COURT FLAT NO. B/3 A.K. AZAD ROAD REHABARI KAMRUP(METRO) ASSAM- 781008. 5:MALAY KUMAR SARKAR S/O- LATE BIJOY SARKAR Page No.# 4/7 R/O- 38/1A BOSE PARA LANE BAGHBAZAR KOLKATA-3 WEST BENGAL. 6:M/S DEE 7 DEE COMMERCIAL (P) LTD. REPRESENTED BY ITS DIRECTOR MR. UTPAL PATHAK REGISTERED OFFICE- DOWN HILL CASTLE DISPUR KACHARIBASTI ROAD CHRISTIAN BASTI GUWAHATI- 781005 ASSAM. 7:M/S INDUSTRIAL DEVELOPMENT BANK LTD. HAVING ITS REGISTERED OFFICE AT IDBI TOWER CUFFE PARADE MUMBAI- 400005 REPRESENTED BY ITS BRANCH HEAD IDBI AT SATYAM NIWAS PANBAZAR GUWAHATI PIN- 781001. 8:THE DEPUTY COMMISSIONER KAMRUP(METRO) GUWAHATI ASSAM. 9:THE REVENUE CIRCLE OFFICER GUWAHATI REVENUE CIRCLE GUWAHATI KAMRUP(METRO) ASSAM. 10:THE POLICE COMMISSIONER Page No.# 5/7 KAMRUP(METRO) GUWAHATI ASSAM. 11:THE OFFICER INCHARGE JALUKBARI POLICE STATION GUWAHATI KAMRUP(METRO) ASSAM Advocate for the Petitioner : MR. R SARMA, MRS. G M D BAISHYA,MR. P M KALITA,MR R PATAR Advocate for the Respondent : SC, NEDFI, MR K KASHYAB(R1),MS R HALOI(R1),MR. S DUTTA(R1),MISS T DAS (R-6),MR. I GOGOI (R-6),MR. A K RAY (R-6),GA, ASSAM BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY ORDER 15.10.2026 1. Heard Mr. R. Sarma, learned counsel for the petitioners. Also heard Mr. S. Dutta, learned counsel for the respondent No. 1; Mr. N. Das, learned counsel for the respondent Nos. 8, 9, 10 and 11, and Mr. I. Gogoi, learned counsel for the respondent No. 6. 2. The case of the petitioners is that they had purchased a plot of land by a registered sale deed located at Paschim Jalukbari, district- Kamrup (M). 3. According to the petitioners, the North Eastern Development Finance Corporation Ltd. (NEDFi), had instituted a proceeding before the Debt Recovery Tribunal against some entity for recovery of a particular amount and in the proceeding a certificate was issued. It is the further contention of the petitioners that in execution of the certificate, an order was passed for taking over the property of the petitioners, which according to the petitioners are Page No.# 6/7 not at all connected with the proceeding before the DRT. 4. Such fact is not disputed, however, Mr. S. Dutta, learned counsel for the NEDFi submits that while they proceeded to take over the possession of the mortgage property of the loanee, the Circle Officer and the Lot Mondal wrongly identified this land and therefore, there is no fault on the part of the bank. 5. Another important aspect of the matter which is submitted by Mr. S. Dutta, learned counsel for the respondent/NEDFI that the certificate of the DRT has already been satisfied by way of an auction sale of the mortgage property therein and possession has also been handed over, sale certificate issued to the auction purchaser. 6. In the meantime, this Court taking note of the aforesaid dispute, called for the report from the Circle Officer, which is produced before this Court today by the learned counsel for the petitioners and not disputed by the respondents. 7. The report goes to show that the demarcation in respect of the disputed land covered by Dag No. 515, 516, 517 (Old)/ 1085, 1086, 1087, 1089 (New) of Special Myadi Patta No. 36 (Old)/196, 195 (New) of village Pachim Jalukbari under Jalukbari Mouza was carried out in assistance with the Assam Survey Department. After measurement, as per report received from the Joint Director of Assam Survey Department, one Kalinath Sharma, Smti. Suman Sharma, Sri Hemant Kumar Sharma, Smti. Anju Roy Baishya, Sri Mukul Chandra Goswami, Smti. Papori Goswami, Smti. Jayanta Kumar Bhagwati, is seen to be in possession in the land in question and it was also reported that no sign board in the name of the NEDFI, was found during the field verification. Page No.# 7/7 8. In view of the aforesaid, nothing survives to be adjudicated in the present writ petition. 9. Accordingly, this writ petition stands closed. 10. However, it is made clear that in the event, any fresh cause of action is arises, the petitioners shall be at liberty to approach this Court. 11. The report of the Circle Officer, Guwahati Revenue Circle dated 07.12.2026 is kept on record. JUDGE Comparing Assistant