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2026 DAILYLAW 6936 (GAU)

DILIP BORGOHAIN v. THE STATE OF ASSAM AND 3 ORS

WP(C)/2577/2026 · 2026-05-28

Manish Choudhury

Writ Petition (Civil)body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No. 1/3 GAHC010092002026 2026:GAU-AS:7502 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2577/2026 DILIP BORGOHAIN S/O LATE HEMCHANDRA BORGOHAIN, R/O KHARGHULI (JOYPUR), P.S.- LATASHIL, DISTRICT- KAMRUP(M), ASSAM. AND PRESENTLY RESIDING AT R D COMPACT, KHALIL MARKET THANA CHARALI, DIBRUGARH-1, DISTRICT- DIBRUGARH (ASSAM) VERSUS THE STATE OF ASSAM AND 3 ORS REPRESENTED HERETO BY ITS PRINCIPAL SECRETARY REVENUE AND DISASTER MANAGEMENT GOVT. OF ASSAM, DISPUR, GUWAHATI- 781006 2:THE DISTRICT COMMISSIONER KAMRUP(M) HENGARBARI GUWAHATI 781036 DISTRICT- KAMRUP(M) ASSAM 3:THE ADDITIONAL DISTRICT COMMISSIONER (REVENUE BRANCH) KAMRUP(M) HENGRABARI GUWAHATI- 781036 DISTRICT- KAMRUP(M) ASSAM 4:THE CIRCLE OFFICER GUWAHATI REVENUE CIRCLE ULUBARI GUWAHATI- 781007 DISTRICT- KAMRUP(M) ASSA Advocate for the Petitioner : MR. A K JAIN, MR. H GOSWAMI Page No. 2/3 Advocate for the Respondent : GA, ASSAM, BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER Date : 29.05.2026 Heard Mr. A.K. Jain, learned counsel for the petitioner; Mr. A. Bhattacharyya, learned Standing Counsel, Revenue Department for the respondent no. 1; and Mr. H. Sarma, learned Additional Senior Government Advocate, Assam for the respondent nos. 2 – 4. 2. By the Judgment dated 25.03.2025 passed in Case no. 21RA[K]/2024, the Assam Board of Revenue remanded the application filed by the petitioner for mutation back to the respondent no. 3 with a direction to re-examine the land records pertaining to a plot of land, covered by Dag no. 1 & Patta no. 1, situate at Village – Ramsahil, Mouza – Ulubari, Guwahati Revenue Circle, Kamrup Metropolitan District [‘the subject-plot’, for short]. The direction to re- examine has been made to verify whether any conversion of the said plot of land to Government land had occurred, in consultation with the respondent no. 4, and also, by providing an opportunity of hearing to the petitioner. 3. Mr. Jain, learned counsel for the petitioner has submitted that the petitioner is a senior citizen of 74 years and despite the direction made in the Judgment dated 25.03.2025, the respondent no. 3 has not proceeded with the application in the right earnest and no notice has been sent to the petitioner till date despite a Representation submitted by the petitioner before the respondent no. 2 on 28.01.2026. 4. Mr. Sarma, learned Additional Senior Government Advocate, Assam appearing for the respondent nos. 2 – 4 has submitted, on the basis of instruction he has received, that the respondent no. 3 is presently in seisin of the matter of mutation and a date of hearing was earlier fixed. He has further submitted that this writ petition can be disposed of with a direction to the respondent no. 3 to bring the process to its logical conclusion within a Page No. 3/3 reasonable period of time and according to him, a period of three months would be reasonable for the respondent no. 3 to pass a final order in compliance of the direction given by the Assam Board of Revenue in its Order dated 25.03.2025. 5. Mr. Jain, learned counsel for the petitioner has submitted that the petitioner has no objection if an opportunity is provided to the petitioner as directed by the Board of Revenue, Assam and the application is disposed of on merits within a period of time, as submitted by the learned Additional Senior Government Advocate. 6. In view of the broad consensus arrived at by the learned counsel for the parties in the afore-stated manner and considering the fact that the respondent no. 3 has been directed to verify whether any conversion of the subject-plot to Government land had occurred, with an opportunity to the petitioner to be heard, this writ petition is disposed of with a direction to the respondent no. 3 to bring the process to its logical conclusion after affording an opportunity to the petitioner of being heard. For its expeditious consideration, the petitioner is directed to appear before the respondent no. 3 at 10-30 a.m. on 08.06.2026 along with a certified copy of this order and a copy of the writ petition along with annexures so as to enable the respondent no. 3 to proceed further with the matter. 7. This order disposes of the writ petition. JUDGE Comparing Assistant