THE STATE OF ASSAM AND 3 ORS. v. SRI MONMIL BORO AND 26 ORS.
I.A.(Civil)/1668/2026 · 2026-05-24
Arun Dev Choudhury
body2026
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[ 2026 DAILYLAW 6884 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 6884 (GAU) · dailylaw.ai ]
Judgment text
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Page No.# 1/5 GAHC010098532026
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1668/2026 1: THE STATE OF ASSAM AND 3 ORS. REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY TO THE GOVT. OF ASSAM, REVENUE AND DISASTER MANAGEMENT DEPARTMENT, DISPUR, GUWAHATI 781006 2: THE DISTRICT COMMISSIONER KAMRUP (M) HENGRABARI GUWAHATI-781036 ASSAM. 2: THE DISTRICT COMMISSIONER KAMRUP METRO HENGRABARI GUWAHATI-781036 ASSAM 3: THE CO DISTRICT COMMISSIONER NEW GUWAHATI CO DIST. KAMRUP M HENGRABARI GUWAHATI 781036 ASSAM. 4: THE CIRCLE OFFICER GUWAHATI REVENUE CIRCLE ULUBARI GUWAHATI 781007 VERSUS 1: SRI MONMIL BORO AND 26 ORS. SON OF LATE RAMCHARAN BORO, 2:SMTI SHANTI DEVI W/O HARINDER RAY 3:SOVIT PURBEY S/O LATE RAMBILASH PURBEY 4:SMTI SUMAN DEVI W/O AKALU GUPTA 5:LALIT KAMAT S/O KAPLESWAR KAMAT 6:HARI PRASAD
Page No.# 2/5 S/O RAMDAS PRASAD 7:DINESH KAMAT S/O KAPLESWAR KAMAT 8:SMTI NEERA GUPTA W/O SRI BINOD KUMAR GUPTA ALL ARE R/O VILL. ULUBARI BIRUBARI DR. B.R. AMBEDKAR NAGAR MOUZA ULUBARI P.S. PALTAN BAZAR DIST. KAMRUP ASSAM PIN 781007 9:SRI RINKU DAS SON OF LATE RANABIR DAS RESIDENT OF ULUBARI BIRUBARI MOUZA ULUBARI PS PALTAN BAZAR DISTRICT- KAMRUP M ASSAM PIN 781007. 10:TUTUMONI HAZARIKA W/O MRINAL HAZARIKA RESIDENT OF VILLAGE ULUBARI BIRUBARI DR BR AMBEDKAR NAGAR MOUZA ULUBARI PS PALTAN BAZAR DISTRICT KAMRUP M ASSAM PIN 781007. 11:SMTI MANJU DEVI W/O LATE DILIP SINGH R/O OF VILLAGE - ULUBARI BIRUBARI DR. B.R.
AMBEDKAR NAGAR MOUZA-ULUBARI P.S. PALTAN BAZAR DIST. KAMRUP ASSAM PIN 781007 12:SRI DUKHAHARAN RAUT RESIDENT OF ULUBARI BIRUBARI MOUZA ULUBARI PS PALTAN BAZAR DISTRICT KAMRUP M ASSAM PIN 781007 13:SMTI KONJENBAM ANJALI DEVI D/O- LAT K HANTA SINGH RESIDENT OF ULUBARI BIRUBARI MOUZA ULUBARI P.S- PALTAN BAZAR DISTRICT-KAMRUP METRO ASSAM PIN 781007. 14:SRI ARUN MONDAL S/O LAT HARADHAN MONDAL R/O OF VILLAGE - ULUBARI BIRUBARI DR. B.R. AMBEDKAR NAGAR MOUZAULUBARI P.S. PALTAN BAZAR DIST. KAMRUP M ASSAM PIN 781007. 15:SRI SANJAY KUMAR BHURA S/O LATE SHANTILAL BHURA RESIDENT OF ULUBARI BIRUBARI MOUZA ULUBARI PS PALTAN BAZAR DISTRICT KAMRUP M ASSAM PIN 781007. 16:POTSHANGBAM KHONI CHAOBA MEETEI S/O P PISHAK MEETEI RESIDENT OF ULUBARI BIRUBARI MOUZA ULUBARI PS PALTAN BAZAR DISTRICT KAMRUP M ASSAM PIN 781007. Page No.# 3/5 17:SRI PANCHAM ROY SON OF LATE BALDEV ROY ULUBARI BIRUBARI MOUZA ULUBARI PS PALTANBAZAR DISTRICT KAMRUP METRO ASSAM PIN 781007. 18:NILIMA ROY W/O LATE BIKRANT KUMAR ROY R/O OF VILLAGE - ULUBARI BIRUBARI DR.
B.R. AMBEDKAR NAGAR MOUZAULUBARI P.S. PALTAN BAZAR DIST. KAMRUP M ASSAM PIN 781007. 19:MAYA RANI BANIA W/O PRADIP KANU R/O OF VILLAGE - ULUBARI BIRUBARI DR. B.R. AMBEDKAR NAGAR MOUZA-ULUBARI P.S. PALTAN BAZAR DIST. KAMRUP M ASSAM PIN 781007. 20:SRI BAKUL GHOSH RESIDENT OF VILLAGE ULUBARI BIRUBARI DR BR AMBEDKAR NAGAR MOUZA ULUBARI PS PALTAN BAZAR DISTRICT KAMRUP M ASSAM PIN
781007. 21:SRI INDRA BISWAS S/O LATE UPEN CH. BISWAS R/O OF VILLAGE ULUBARI BIRUBARI DR. B.R. AMBEDKAR NAGAR MOUZAULUBARI P.S. PALTAN BAZAR DIST. KAMRUP M ASSAM PIN 781007. 22:SRI SANKAR SINGH S/O LATE RAMJEE SINGH R/O OF VILLAGE - ULUBARI BIRUBARI DR. B.R. AMBEDKAR NAGAR MOUZAULUBARI P.S. PALTAN BAZAR DIST. KAMRUP M ASSAM PIN 781007. 23:JAY PRAKASH PRASAD S/O LATE BISWANATH RAM R/O OF VILLAGE - ULUBARI BIRUBARI DR. B.R. AMBEDKAR NAGAR MOUZAULUBARI P.S. PALTAN BAZAR DIST. KAMRUP M ASSAM PIN 781007. 24:BHUMIKA PATHAK MEDHI W/O. LT. PARAMANDA MEDHI RESIDENT OF ULUBARI BIRUBARI MOUZA ULUBARI PS PALTAN BAZAR DISTRICT KAMRUP M ASSAM PIN 781007 25:SMTI SAROJ DEVI W/O MITHILESH SINGH R/O OF VILLAGE BIRUBARI ULUBARI DR. B.R.
AMBEDKAR NAGAR MOUZA-ULUBARI P.S. PALTAN BAZAR DIST.KAMRUP M ASSAM PIN 781007 26:KAILASH MAHASETH S/O. LT. AWADH MAHASETH RESIDENT OF ULUBARI BIRUBARI MOUZA ULUBARI PS PALTAN BAZAR DISTRICT KAMRUP M ASSAM PIN 781007
Page No.# 4/5 For the Applicant(s) : Mr. D. Saikia, Advocate General, Assam, assisted by Mr. R. Borpujari, Standing Counsel, Revenue Department. For the Respondent(s) :
– B E F O R E – HON’BLE THE CHIEF JUSTICE MR. ASHUTOSH KUMAR HON’BLE MR. JUSTICE ARUN DEV CHOUDHURY 25.05.2026 (Ashutosh Kumar, CJ) We have heard Mr. D. Saikia, learned Advocate General, Assam, who has submitted that under exceptional circumstances, the present interlocutory application has been filed, perhaps for avoiding filing multiple review petitions with respect to judgment & order dated 27.11.2025 passed by this Court in a composite manner in a number of writ appeals, the lead case being Writ Appeal No.311/2025. Mr. Saikia submits that the State be permitted to file a composite review petition in all such cases.
On query as to the reason for filing the review, the learned Advocate General has pointed out that in Paragraphs 64 to 69 of the judgment sought to be reviewed, the directions are not very clear, which are capable of, if interpreted in a different way, delaying the very process of putting the Hospital which has been fully constructed from being made operative. He has further submitted that the construction of the Hospital admittedly is for public purpose and any further delay in the effective commissioning of the Hospital would only frustrate the public purpose. It may be noted that encroachment on certain lands appurtenant to the Hospital was removed which were to be used for
Page No.# 5/5 making additional buildings for the Hospital for effective administrative discharge of the Hospital functioning. In that context, this Court had directed, while upholding the eviction process, that effort should be made for resettlement of the evictees and for which a timeline also was given. The learned Advocate General has informed this Court that the process for settlement of such evictees had already been undertaken and the delay is only on account of their part of not coming up with clear information about there being landless. A survey also has been made, the learned Advocate General states, which confirms that many of such evictees are from neighboring States who are not landless. Seeing the totality of the circumstances, we find good ground for allowing this interlocutory application for permitting the State to file a composite review petition against a composite judgment delivered in several of the writ appeals. The interlocutory application stands allowed. Let the review petition be processed and be listed on
27.05.2026. JUDGE CHIEF JUSTICE Comparing Assistant