Page No.# 1/5 GAHC010051532026 2026:GAU-AS:5063 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1612/2026 DHRUBAJYOTI PHUKAN ALIAS DHUBRAJYOTI PHUKAN S/O LATE NARAKANTA PHUKAN, R/O NAOSALIA GAON, P.O. RRL, P.S.- PULIBOR, DIST. JORHAT, ASSAM. VERSUS THE STATE OF ASSAM AND 8 ORS REPRESENTED BY THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM, REVENUE AND DISASTER MANAGEMENT DEPTT., ASSAM, SACHIVALAYA, DISPUR, GUWAHATI 6 2:THE DISTRICT COMMISSIONER JORHAT ASSAM 3:THE ADDL. DISTRICT COMMISSIONER (L.A) JORHAT ASSAM 4:THE CIRCLE OFFICER JORHAT PASCHIM REVENUE CIRCLE JORHAT ASSAM 5:BINA SAIKIA D/O- LATE NARAKANTA PHUKAN W/O- KAMAL SAIKIA R/O- VILL- KARANGA HEZARI GAIN P.O- KARANGA Page No.# 2/5 DIST- JORHAT ASSAM 6:RINA BORDOLOI D/O- LATE NARAKANTA PHUKAN W/O-LATE RANJIT BORDOLOI R/O- VILL- KARANGA HEZARI GAIN P.O- KARANGA DIST- JORHAT ASSAM 7:TULTUL PHUKAN BORA D/O- LATE NARAKANTA PHUKAN W/O- BUDHIN BORA R/O- VILL- CHARAIBAHI GOHAIN GAON P.O- CHARAIBAHI DIST- JORHAT ASSAM 8:MAMANI PHUKAN D/O- LATE NARAKANTA PHUKAN W/O- LATE DEPEN GOGOI R/O- VILL- NOWSOLIA GAON P.O- RRL DIST- JORHAT ASSAM 9:OPIMONI PHUKAN D/O- LATE AJIT PHUKAN R/O- VILL- KHORA GORUA GAON P.S- PULIBOR DIST- JORHAT ASSA Page No.# 3/5 For the Petitioner(s) : Ms. P. Borah, Advocate For the Respondent(s) : Mr. B. J. Talukdar, Sr. GA : Mr. P. K. Medhi, Standing Counsel : Ms. N. Bordoloi, Standing Counsel BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 06.04.2026 Heard Ms. P. Borah, the learned counsel appearing on behalf of the Petitioner and Ms. N. Bordoloi, the learned Standing counsel appearing on behalf of the Respondent No.1. I have also heard Mr. B. J. Talukdar, the learned Senior Government Advocate assisted by Mr. P. K. Medhi, the learned counsel appearing on behalf of the Respondent Nos. 2, 3 and 4. 2. The Petitioner herein is aggrieved by the order dated 04.11.2025 passed by the learned Additional District Commissioner (L.A.), Jorhat whereby the total amount of Rs.4,37,93,118.72p was divided amongst the Petitioner and the Respondent Nos. 5 to 9 of the present writ petition. 3. It is the case of the Petitioner that the Private Respondents are not entitled to any amount in view of a Will having been executed by one Shri Tarun Madhab Phukan wherein the Petitioner is the beneficiary. Page No.# 4/5 4. It is however pertinent to take note of that the Petitioner had submitted an application pursuant to the order dated 04.11.2025 before the learned Additional District Commissioner (L.A.) at Jorhat on 21.01.2026 and it has been submitted that in pursuance thereto, a reference has already been made to the Court of the learned Additional District and Sessions Judge, Jorhat being L.A. (Misc.) Case No.1/2026 which is presently pending. 5. The learned counsel appearing on behalf of the Petitioner submitted that the Petitioner has approached this Court on a limited aspect thereby seeking a direction upon the Respondent Authorities more particularly the Respondent Nos. 2 and 3 not to release the remaining portion of the compensation to the private Respondent Nos. 5 to 9 during the pendency of the said reference proceedings. 6. It is a trite principle of law that when dispute arises as regards the entitlement and apportionment of the compensation, it is a duty cast upon the Respondent Nos. 2 and 3 to refer the said dispute to the Reference Court and further deposit the amount before the Reference Court and the amount shall be disbursed thereupon as per the decision of the Reference Court. Page No.# 5/5 7. Taking into account the settled principles of law, it is the opinion of this Court that the instant writ petition is misconceived and accordingly the instant writ petition stands rejected. 8. Be that as it may, it is observed that as there are disputes between the Petitioner as well as the private Respondents as regards the entitlement and/or apportionment of the compensation, the Reference Court i.e. the Court of the learned Additional District and Sessions Judge, Jorhat shall decide the said dispute and based upon such decision, the amount be released. JUDGE Comparing Assistant