Page No.# 1/3 GAHC010208472023 2026:GAU-AS:3612 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5562/2023 BHARATIYA CHA MAZDOOR SANGHA TINGRAI SAKHA AND ANR REGISTRATION NO. 642, KHATJUN TEA ESTATE, DIST- TINSUKIA (ASSAM) AND REPRESENTED BY ITS PRESIDENT RAJ PATNAYAK @ RAJ NAYAK, AGE 36 YEARS, S/O KUNDAN NAYAK, R/O SUKAN PUKHURI TEA ESTATE, P.O.-SUKAN PUKHURI, DIST- TINSUKIA, ASSAM, PIN-786146 2: SAHIL MALIK S/O AMOR MALIK R/O KHETOJAN TEA ESTATE P.O.-KHETOPATHAR DIST-TINSUKIA ASSA VERSUS THE STATE OF ASSAM AND 6 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM, REVENUE AND DISASTER MANAGEMENT DEPARTMENT, DISPUR, GUWAHATI-781006 2:THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM REVENUE AND DISASTER MANAGEMENT DEPARTMENT DISPUR GUWAHATI-781006 3:THE DEPUTY COMMISSIONER TINSUKIA P.O.-TINSUKIA DIST-TINSUKIA ASSAM PIN-786125 4:THE CIRCLE OFFICER TINSUKIA REVENUE CIRCLE Page No.# 2/3 P.O. AND DIST-TINSUKIA ASSAM PIN-786125 5:CHARIALI TEA ESTATE REPRESENTED BY ITS MANAGER P.O.-CHARIALI DIST-TINSUKIA ASSAM PIN-786 6:M/S ENTERPRISES PARTNERS CHARIALI REPRESENTED BY ITS PROPRIETOR SRI RAJENDRA PRASAD SINGH S/O LATE KEWAL SINGH R/O NEW DEVELOPMENT JYOTI NAGAR NA-PUKHURI P.O.-TINSUKIA DIST-TINSUKIA ASSAM 7:M/S SINGH ENTERPRISES PARTNERS CHARIALI REPRESENTED BY ITS PROPRIETOR SRI RAJENDRA PRASAD SINGH S/O-LATE KEWAL SINGH R/O- NEW DEVELOPMENT JYOTI NAGAR NA-PUKHURI PO-TINSUKIA DISTRICT-TINSUKIA ASSAM PIN-786125 Advocate for the petitioner(s): Mr. S Islam Advocate for the respondent(s): Mr. HK Sarma, Addl.Sr. Govt. Advocate Ms. N Bordoloi, Standing Counsel Revenue & Disaster Management Deptt. Mr. S Deka for respondent Nos.5, 6 & 7 B E F O R E HON’BLE MR. JUSTICE DEVASHIS BARUAH ORDER Page No.# 3/3 11.03.2026 Heard Mr. S Islam, the learned counsel appearing on behalf of the petitioners. I have also heard Ms. N Bordoloi, the learned Standing Counsel, Revenue and Disaster Management Department, Govt. of Assam; Mr. HK Sarma, the learned Addl. Sr. Govt. Advocate, Assam who appears on behalf of respondent Nos.3 and 4; and Mr. S Deka, the learned counsel who appears on behalf of respondent Nos.5, 6 and 7. 2. The present writ petition has been filed by the writ petitioners seeking a direction upon the respondent authorities not to use the Cha Toli land for any other purpose and further seeking a direction upon the respondent authorities to demolish/remove the illegal construction done by the respondent Nos.6 and 7 on the Cha Toli land, under Dag No.174, covered by Patta N.04 of Chariali Tea Estate under Tinsukia Revenue Circle in the district of Tinsukia. 3. A perusal of the writ petition reveals that it is primarily a dispute between the petitioners and the respondent Nos.5, 6 and 7 and the State respondents have been unnecessarily dragged in order to avail the public law remedy. 4. Considering the above, it is the opinion of this Court that this is not a fit case for being entertained under Article 226 of the Constitution of India. 5. Accordingly, the instant writ petition stands dismissed. 6. Be that as it may, this Court, however, grants liberty to the petitioners to avail remedies before the competent Civil Court, if so advised. JUDGE Comparing Assistant