MUKTI NATH KALITA AND 25 ORS v. THE STATE OF ASSAM AND 3 ORS
WP(C)/2039/2026 · 2026-04-06
Anjan Moni Kalita
Writ Petition (Civil)body2026
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[ 2026 DAILYLAW 3273 (GAU) · dailylaw.ai ]
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[ 2026 DAILYLAW 3273 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/11 GAHC010071892026
2026:GAU-AS:5233
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2039/2026 MUKTI NATH KALITA AND 25 ORS S/O GOLOK CH KALITA, VILL. BATAKUCHI, P.O. JAMTOLA, DIST. KAMRUP, ASSAM, PIN 781365, DAG NO 26, PATTA NO 3 2: IKBAL HUSSAIN S/O ABDUL MAJID
VILL-ISSAPUR PO-TULSIBARI PS-RANGIA
DIST-KAMRUP ASSAM PIN-781376
DAG NO-86 PATTA NO-3. 3: ASIRUDDIN S/O LATE SAMED ALI
VILL-ISSAPUR PO-TULSIBARI
PS-RANGIA DIST-KAMRUP
ASSAM PIN-781376. DAG NO 4 PATTA NO 3. 4: HAJARAT ALI S/O LATE ABDUL AZIZ
Page No.# 2/11
VILL-JALJALI PO-TULSIBARI PS-RANGIA DIST-KAMRUP ASSAM PIN-781376 DAG NO-2 PATTA NO-3. 5: RAJEN CHANDRA KALITA S/O LATE ASTI RAM KALITA
VILL HARIANDAB PO-JAMTOLA DIST-KAMRUP ASSAM PIN-781365 DAG NO 86 PATTA NO-3 6: ABDUL QUDDUS S/O LATE ABDUL AZIZ
VILL JALJALI PS-RANGIA PO DWARKUCHI
DIST-KAMRUP ASSAM PIN-781376 DAG NO-2 PATTA NO-3
DAG NO-1 PATTA NO-3. 7: MAKBUL ALI S/O MAMUD ALI
VILL-ISSAPUR PO-TULSIBARI PS-RANGIA DIST-KAMRUP ASSAM PIN-781376
DAG NO-88
Page No.# 3/11 DAG NO-90
DAG NO-91 DAG NO-82
PATTA NO 3 8: RAISUDDIN ALI S/O- MIYA HUSSEN
VILL-ISSAPUR PO-TULSIBARI PS-RANGIA
DIST-KAMRUP ASSAM PIN-781376 PATTA NO -3 DAG NO-133
DAG NO-183. 9: NURUL HAQUE S/O ABDUL ROHMAN
VILL-ISSAPUR PO-TULSIBARI
PS-RANGIA DIST-KAMRUP ASSAM
PIN-781376
DAG NO- 83 PATTA NO.- 3. 10: RAFIKUL ISLAM S/O NURUL ISSLAM VILL. ISSAPUR P.O. TULSIBARI P.S. RANGIA DIST. KAMRUP ASSAM PIN 781376 DAG NO 183 PATTA NO 3
Page No.# 4/11 11: NURUL ISLAM S/O ABDL MAJID VIL. IASAPU P.O. TULSIBARI P.S. RANGIA DIST. KAMRUP ASSAM PIN 781376 DAG NO 133 PATT NO 3 12: HASEN ALI S/O ROHIM ALI VILL. ISSAPUR P.O. TULSIBARI P.S. RANGIA DIST .KAMRUP ASSAM PIN 781376 DAG NO 133 PATTA NO 3 13: RAHMAT ALI S/O LATE ABDUL AZIZ VILL. JALJALI P.S. RANGIA P.O. DWARKUCHI DIST. KAMRUP ASSAM PIN 781376 DAG NO 1 PATTA NO 3 14: ABBAS ALI S/O ROHIM ALI VILL. ISSAPUR P.O. TULSIBARI P.S. RANGIA DIST. KAMRUP ASSAM PIN 781376 DAG NO 88/92/94 PATTA NO 3 15: AHED ALI S/O ROHIM ALI
Page No.# 5/11 VILL. ISSAPUR P.O. TULSIBARI P.S. RANGIA DIST. KAMRUP ASSAM PIN 781376 DAG NO 88/92/94 PATTA NO 3 16: FAJLUL HAQE S/O CHAYRAT ALI VILL. ISSAPUR P.O. TULSIBARI P.S. RANGIA DIST. KAMRUP ASSAM PIN 781376 DAG NO 82 PATTA NO 3 17: BABAR ALI S/O ABDUL HAMID VIL. ISSAPUR P.O. TULSIBARI P.S. RANGIA DIST. KAMRUP ASSAM PIN 781376 PATTA NO 3 DAG NO 86.
18: NURUDDIN AHMED S/O EMAN ALI VILL. NIZKAURBHA P.O. BARGHULI P.S. TAMULPUR DIST. TAMULPUR ASSAM PIN 781376 DAG NO 24 21 PATTA NO 3 19: MARIYANM BEGUM W/O NURJAMAL ALI VILL. ISSAPUR P.O. TULSIBARI P.S. RANGIA DIST KAMRUP ASSAM PIN 781376 DAG NO 89
Page No.# 6/11 PATTA NO 3 20: ABDUL HAMED S/O ABDUL JABBAR VILL. ISSAPUR P.O. TULSIBARI P.S. RANGIA DIST. KAMRUP ASSAM POIN 781376 DAG NO 3 DAG NO 4 PATTA NO 3 21: NAREN CH DAS S/O LATE DEBEN CH. DAS VILL. ISSAPUR P.O. TULSIBARI P.S. RANGIA DIST. KAMRUP ASSAM PIN 781376 DAG NO 83 PATTA NO 3 22: RAMESH CH DAS S/O LATE MAHENDRA DAS VILL. TATIPARA WARD NO 7 P.O. RANGIA DIST. KAMRUP ASSAM DAG NO 22 PATTA NO 3 23: JADAB CH DAS S/O LATE DEBEN CH DAS VILL.ISSAPUR P.O. TULSIBARI P.S. RANGIA DIST. KAMRUP ASSAM PIN 781376 DAG NO 80/84 PATTA NO 3 24: INTAZ ALI S/O LATE UMAR ALI
Page No.# 7/11
VILL-TULSIBARI PO-TULSIBARI
PS-RANGIA DIST-KAMRUP ASSAM
PIN-781376
DAG NO- 20
DAG NO- 80 PATTA NO-3 25: MAHESWAR BAISHYA SON OF LATE MANARAM BAISHYA
RESIDENT OF WARD NO. 7 RANGIA
KAMRUP ASSAM PIN- 781354
DAG NO. 3 PATTA NO. 3. 26: ABDUL KARIM SON OF LATE ABDUL MAZID
VILLAGE ISSAPUR P.O. TULSIBARI
PIN- 781376
DAG NO. 9 7 PATTA NO. 3 VERSUS THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE SEC. TO THE GOVT. OF ASSAM, LAND AND REVENUE DEPTT., DISPUR, ASSAM, PIN 781006 2:THE DIST. COMMISSIONER KAMRUP DIST. AMINGAON
Page No.# 8/11 GUWAHATI 781039 3:THE MANAGING DIRECTOR ASSAM INDUSTRIAL DEVELOPMENT CORPORATION LTD. R.G. BARUAH ROAD GUWAHATI 781024 4:THE CIRCLE OFFICER RANGIA REVENUE CIRCLE RANGIA 781354 DIST. KAMRUP (R) ASSAM Advocate for the Petitioner : MR P BHARDWAJ, B PARASHAR,R C ALOM,M RAHMAN Advocate for the Respondent : GA, ASSAM, SC, REVENUE
BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA
ORDER Date : 07.04.2026
Heard Mr. P. Bhardwaj, the learned counsel, for the petitioner. Also heard Mr. N. Das, the learned counsel for the respondent Nos. 2 & 4 and Mr. S. Das,
learned counsel for the respondent No. 3. 2. The instant writ petition has been jointly filed by 26 petitioners, claiming to be landholders of different dag numbers in Patta No. 3, Village Tulsibari, under Rangia Revenue Circle, District Kamrup. The petitioners contend that they are the rightful owners of several plots of land in Patta No. 3, consisting of different dag nos. and they have been holding the land rights with their names being recorded in Jamabandi and Revenue records for many years. 3. However, in September 2024, the petitioners came to know that the
Page No.# 9/11 Government intended to utilize the said lands for holding the Advantage Assam 2.0 Summit 2025, which was, in fact, conducted on their lands. Subsequently, they came to learn about a communication dated 01/01/2025 whereby the AIDC had identified a large parcel of land, including their lands, for the purpose of setting up a new Industrial Estate (Phase-I). 4. In view of the aforesaid communication dated 01/01/2025, the concerned Circle Officer issued a further communication dated 12/01/2025, directing a joint survey of the lands. 5. Being aggrieved, the petitioners filed a detailed representation dated 29/01/2025 before the District Commissioner, Kamrup. However, no action was taken on the said representation. Faced with this situation, the petitioners, through their registered society, approached this Court by filing WP(C) No. 1039/2024, which was disposed of by order dated 25/06/2025, with an observation that any acquisition should be carried out in accordance with law. Thereafter, Respondent No. 2 issued a notification dated 05.02.2026 under Rule 3 read with Section 3(1) of the Assam Land (Requisition and Acquisition) Act, 1964, calling upon interested persons to submit objections within 15 days. The petitioners contend that they were not aware of the aforesaid notification and therefore, could not submit their representations within the fifteen days period provided in the notification. 6. It is the contention of the petitioners that after the expiry of the aforesaid period, they came to know about the notification and accordingly submitted a joint representation dated 27.02.2026 before the concerned authority. However, the same has not been responded to by the said authority. The petitioners further contend that they are the rightful owners of several plots of land
Page No.# 10/11 covered under the notification and possess the necessary land documents to substantiate their claims. 7.
The Learned Counsel appearing for the petitioner submits that since they have already submitted a representation and the same has in fact been filed after the expiry date, the respondent authority has not responded to the same and a prayer has been made that their representation should be considered by the respondent authority after giving them an opportunity of hearing. 8. On the other hand, Mr. N. Das, learned counsel appearing for the respondent authorities has submitted that as per the notification, none of the petitioners have been shown as the pattadar of the concerned patta, i.e., Patta No. 3. Therefore, he submits that no notice is required to be given to the present petitioners as they are not the recorded pattadars of Patta No. 3. 9. In view of the aforesaid submission, the learned counsel for the respondent submits that the instant petition is not maintainable. 10. After hearing the submissions made by the counsel appearing for the respective parties, this court is of the opinion that, since, the petitioners are claiming to be rightful owners of several plots of land in Patta No. 3, consisting of several dag nos. and their representation has not been considered by the respondent authorities due to a technical defect, i.e., the representation been filed after 15 days of the issuance of the notification this court is of the considered opinion that the justice will be served, if an opportunity is given to the petitioners to submit a fresh representation before the concerned authorities enclosing their available documents showing their ownership of the
Page No.# 11/11 aforesaid plots of land. 11. Accordingly, it is directed that the petitioners shall file their respective representation before the concerned authorities within a period of 15 days from the passing of the instant order along with a certified copy of the order.
After receipt of the aforesaid representations, the concerned authority will pass a necessary speaking order within 3 weeks of receipt of such representations form the petitioners. 12. In terms of the aforesaid direction, the instant writ petition is disposed of at the motion stage itself. JUDGE Comparing Assistant