Page No.# 1/5 GAHC010159072024 2026:GAU-AS:7591 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/377/2024 UNION OF INDIA AND ANR REPRESENTED BY THE SECRETARY TO THE GOVT. OF INDIA, MINISTRY OF DEFENCE, NEW DELHI, ROOM NO -305 B- WING, SENA BHAWAN, NEW DELHI-110011. 2: DEFENCE ESTATE OFFICER TEZPUR CIRCLE COOL PARK ROAD TEZPUR MOUZA- MAHABHAIRAB DIST. SONITPUR ASSA VERSUS MD. JALALUDDIN AND 3 ORS. SON OF LATE HAFIZ SAHIDULLA, R/O- VILLAGE- LAKHUPARA (BAHBERA) P.O. AND MOUZA- MISSAMARI DISTRICT- SONITPUR, ASSAM 2:STATE OF ASSAM REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM MINISTRY OF REVENUE DISPUR GUWAHATI. 3:THE DEPUTY COMMISSIONER SONITPUR TEZPUR MOUZA- MAHABHAIRAB DIST. SONITPUR ASSAM 4:THE CIRCLE OFFICER DHEKIAJULI REVENUE CIRCLE Page No.# 2/5 MOUZA- DHEKIAJULI DIST. SONITPUR ASSA Advocate for the Petitioner : MR H GUPTA, Advocate for the Respondent : MR. S BISWAS (R-1), MS D DEVI(R-1) BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA ORDER Date : 01.06.2026 Heard Mr. H. Gupta, learned counsel for the petitioner as well as Mr. S. Biswas, learned counsel for the sole respondent. 2. In view of the order which is proposed to be passed, issuance of notice to the respondent nos. 2 to 4 is dispensed with. Although the respondent nos. 2 to 4 are to be represented by the Govt., but no steps have been taken till date for service of notice and/or extra copies of this application to the office of the Senior Govt. Advocate, Assam. 3. The learned Civil Judge (Junior Division), Sonitpur, Tezpur passed an order dated 18.01.2024 in connection with T.S. 106/2014, by which petition No. 694/2023 for conducting joint survey of Defence land through a Commission, was rejected. However, with greater interest for shedding light on the matter, a joint resurvey of the suit land was allowed and the said learned Court, in exercise of power under Order XXVI Rule 9 CPC, directed a fresh joint survey of the concerned land in presence of both the parties, by directing the Circle Officer, Thelamara Revenue Circle, to conduct a joint survey and the defendant nos. 1(a) and 1(b) were directed to bear their necessary cost as per the writ of Page No.# 3/5 Commission issued. 4. The direction to the Circle Officer to execute the Commission for survey of land was in respect of the following three points: 1. What portion of the land is under the possession of the Defendant Defence, public road and plaintiff Mr. Jallauddin? 2. Whether Defendant Defence have encroached on any portion of the land of the Mr. Jallauddin and if yes to what extend? 3. Whether Plaintiff Mr. Jallauddin have encroached on any portion of the land of the Defendant Defence and if yes to what extend? 5. Subsequently, as the Survey Commission report was not received, the petitioners, vide petition no. 1350/2024, prayed for an adjournment as the Thelamara Revenue Circle Officer could not send the outcome of the survey dated 01.07.2024 and 02.07.2024 due to flood scenario prevailing in the concerned revenue area. However, the learned Civil Judge (Junior Division) No.1, Sonitpur, Tezpur, by order dated 06.07.2024, in view of the adjournment taken by the petitioner, deemed it appropriate not to keep the case pending solely for the report of the Commissioner and accordingly directed the parties to conduct argument in the matter by fixing the next date on 06.08.2024. 6. Aggrieved by the said impugned order dated 06.07.2024 passed in T.S. 106/2014 by the learned Civil Judge (Junior Division) No.1, Sonitpur, Tezpur, the present application has been filed under Article 227 of the Constitution of India. 7. The learned counsel for the respondent has made his submission in support of the impugned order under challenge. 8. The Court is of the considered opinion that the learned trial Court, after rejecting petition no. 694/2023 for Joint Survey of the Defence land, had passed a suo motu order dated 18.01.2024, for conducting a Joint Survey or re- Page No.# 4/5 survey of the schedule land and issued an order of Commission for survey of the land pursuant to order dated 18.01.2024. Therefore, the said learned Court ought to have allowed the Survey Report to be placed before the Court. 9. If there is a delay in execution of the writ, the delay was not caused by the petitioners, but the delay was by the Circle Officer, Thelamara Revenue Circle, who had delayed the submission of the Commission report. Therefore, this is not the case where the delay can be attributed to the petitioners. Even if the petitioners did not have filed an adjournment petition vide petition no.1350/2024, still the learned trial Court, having issued the Commission, was required to pursue the same so that the orders passed by the Court is brought to its logical end and in the process to uphold the majesty of the Court. 10. The Court is of the considered opinion that as the petition filed by the petitioners was rejected by order dated 18.01.2024, they were precluded from filing a fresh application for Commission. The learned trial Court, having issued a suo motu commission for survey of part of the Defence land covered by Dag No. 48 (new), 49 (new) and 50 (new), Patta No. 46 of village-Lakhupara, Mouza – Missamari, under Thelamara Revenue Circle, the Court is inclined to hold that the said part of the order dated 18.01.2024 is required to be brought to its logical conclusion. 11. The learned trial Court had the power to compel compliance of the orders passed by the said learned Court, which was not done. Therefore, under such circumstances, the impugned order dated 06.07.2024 passed by the Court of learned Civil Judge (Junior Division) No.1, Sonitpur, Tezpur, is not found sustainable and is set aside. 12. At this stage, the learned CGC has submitted that he has been Page No.# 5/5 informed through instructions dated 20.06.2025 that in the meantime the Circle Officer, Thelamara Revenue Circle, has prepared a report. 13. If that be so, the learned trial Court shall issue a direction to the Commissioner to submit the said report to the said learned Court. 14. The petitioners and the respondents, who are duly represented, are directed to appear before the Court of learned Civil Judge (Junior Division) No.1, Sonitpur, Tezpur on 19.06.2026 and on the said date the petitioners, on production of a certified copy of the order shall wait for further directions to be passed by the learned trial Court. 15. The petition stands allowed as to the extent indicated above. 16. There shall be no order as to costs. JUDGE Comparing Assistant