Page No.# 1/3 GAHC010090352024 2026:GAU-AS:6997 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Rev.P./174/2024 NIJUPRABHA SHARMAH W/O SRI RATNAKANTA SHARMAH RESIDENT OF VILLAGE CHAULDHUA, BALIGAON, MOUZA BORDOLONI UNDER GOGAMUKH REVENUE CIRCLE VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PRINCIPAL SECRETARY OF REVENUE DEPARTMENT, DISPUR, GUWAHATI 781006 2:SRI SUBARNA DEKA S/O UMESH CHANDRA DEKA RESIDENT OF CHAULDHUA BALIGAON PS GUGAMUKH DIST LAKHIMPU Advocate for the Petitioner : J SHARMA, MR. P THAKURIA,G. DAS Advocate for the Respondent : SC, REVENUE, MR. A CHAMUAH (R-2) BEFORE HON'BLE MR. JUSTICE ANJAN MONI KALITA ORDER 20.05.2026 Heard Mr. J. Sharma, learned counsel appearing for the petitioner. Also heard Page No.# 2/3 Mr. S. Sutta, learned standing counsel, Revenue Department, appearing for the respondent No.1 and Ms. R. Devi, learned counsel appearing on behalf of Dr. A. Chamuah, learned counsel for the respondent No.2. 2. The case/contention of the petitioner is that the petitioner is the owner of a portion of land and measuring about 4 kathas 5 lechas. However, on the basis of a complaint filed by one Subarna Deka and others before the learned Additional District Magistrate, Dhemaji, alleging that encroachment by the petitioner of portions of land measuring 3 lecha and 11 lecha, two orders i.e. dated 01.02.2024 and 06.04.2024 were passed by the learned Additional District Magistrate, Dhemaji, whereby the learned Additional District Magistrate was pleased to pass a direction under Section 133 of Cr.P.C. for drawing proceeding and for removal of nuisance by way of clearance of the aforesaid encroached portion of the land by the petitioner. The petitioner has assailed both the orders by filing this instant writ petition. 3. It is submitted by Mr. Sharma, learned counsel for the petitioner that in terms of the aforesaid orders dated 01.02.2024 and 06.04.2024, the fencing/fence has already been cleared. He submits that since the fence has already been cleared in terms of the aforesaid orders, the matter should be remanded to the learned Additional District Magistrate, Dhemaji, for adjudication and disposing of the case No.DRK.1/2023/145 at the earliest, so that the land of the petitioner can be protected by erecting a fence. 4. Ms. Devi, learned counsel appearing for the respondent No.2 submits that she doesn't have any objection if the matter is remanded for adjudication before the learned Additional District Magistrate, Dhemaji. 5. Taking into account the aforesaid submission by the learned counsel appearing for the respective parties, the instant matter is disposed of with a direction to the learned Additional District Magistrate, Dhemaji, to dispose of the case No.DRK.1/2023/145 as expeditiously as possible. Page No.# 3/3 6. In terms of the aforesaid direction, the instant matter is disposed of. Interim order, so passed earlier, stands vacated. Comparing Assistant Sd/- Aanjan Moni Kalita JUDGE