MRS MANJITA KALITA CHOWDHURY v. THE STATE OF ASSAM AND 5 OHERS
I.A.(Civil)/1344/2026 · 2026-06-08
Devashis Baruah
Writ Petition (Civil)body2026
DailyLaw.ai
[ 2026 DAILYLAW 7755 (GAU) · dailylaw.ai ]
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[ 2026 DAILYLAW 7755 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/5 GAHC010083262026
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1344/2026 MRS MANJITA KALITA CHOWDHURY W/O SRI ANUSHIK CHOWDHURY, R/O- RUKMINIGAON, OPP HDFC BANK, HOUSE NO. 86, P.O KHANAPARA, P.S DISPUR, DIST. KAMRUP METRO, ASSAM, VERSUS THE STATE OF ASSAM AND 5 OHERS THROUGH THE SECRETARY TO THE GOVERNMENT OF ASSAM, REVENUE DEPARTMENT, DISPUR, GUWAHATI-6 2:THE DISTRICT COMMISSIONER KAMRUP M HENGRABARI GUWAHATI-06 3:THE ADDITIONAL DISTRICT COMMISSIONER KAMRUP (M) CUM DISTRICT BAKIJAI OFFICER KAMRUP M HENGRABARI GUWAHATI-06. 4:THE REGISTRAR REAL ESTATE REGULATORY AUTHORITY JAWAHAR NAGAR N.H 27 KHANAPARA GUWAHATI. PIN- 781022 5:DR MADHURJYA BHATTACHARYYA R/O- FLAT NO.1B USHA APARTMENTS KALYANI SAGAR PATH KALYANI NAGAR BHAGADUTTAPUR KAHILIPARA
Page No.# 2/5 P.O-KAHILIPARA P.S.-DISPUR DIST. KAMRUP M ASSAM 6:SMTI BINITA SARMA R/O- FLAT NO.1B USHA APARTMENTS KALYANI SAGAR PATH KALYANI NAGAR BHAGADUTTAPUR KAHILIPARA P.O-KAHILIPARA P.S.-DISPUR DIST. KAMRUP M ASSAM PIN-781019 Advocate for the Petitioner : MR B ISLAM, MR. B D GOSWAMI,MR. J C GOGOI Advocate for the Respondent : GA, ASSAM, MR. R SINHA Linked Case : WP(C)/5921/2025 DR MADHURJYA BHATTACHARYYA AND ANR SON OF LATE JANARDAN BHATTACHARYA RESIDENT OF - - FLAT NO 1B USHA APARTMENTS KALYANI SAGAR PATH KALYANI NAGAR BHAGADUTTAPUR KAHILIPARA P.O-- KAHILIPARA P.S-- DISPUR DISTRICT-- KAMRUPM GUWAHATI-781019 ASSAM. 2: SRIMATI BINITA SARMA WIFE OF DR. MADHURJYA BHATTACHARYYA RESIDENT OF - - FLAT NO 1B USHA APARTMENTS KALYANI SAGAR PATH KALYANI NAGAR
Page No.# 3/5 BHAGADUTTAPUR KAHILIPARA P.O KAHLIPARA P.S-- DISPUR DISTRICT-- KAMRUPM GUWAHATI-781019 ASSAM. VERSUS THE STATE OF ASSAM AND ORS THROUGH THE SECRETARY TO THE GOVERNMENT OF ASSAM REVENUE DEPARTMENT DISPUR GUWAHATI-6. 2:THE DISTRICT COMMISSIONER KAMRUP M HENGRABARI GUWAHATI 3:THE ADDITIONAL DISTRICT COMMISSIONER KAMRUP M CUM DISTRICT BAKIJAI OFFICER KAMRUPM HENGRABARI GUWAHATI 4:M/S AARVEE ASSOCIATES REPRESENTED BY ITS PROPRIETOR SRIMATI MANJITA KALITA CHOUDHURY HAVING ITS REGISTERED OFFICE AT RUKMINIGAON OPPOSITE OF HDFC BANK HOUSE NO. 86 GUWAHATI-- 781002 DISTRICT-- KAMRUPM ASSAM. 5:SRIMATI MANJITA KALITA CHOUDHURY W/O-- SRI ANUSHIK CHOUDHURY RUKMINIGAON OPPOSITE OF HDFC BANK HOUSE NO. 86 GUWAHATI-- 781002 DISTRICT-- KAMRUPM ASSAM. 6:REAL ESTATE REGULATORY AUTHORITY REPRESENTED BY THE REGISTRAR JAWAHAR NAGAR N.H 27 KHANAPARA GUWAHATI-781022 ------------
Page No.# 4/5
Advocate for the applicant(s): Mr. BD Goswami
Advocate for the writ petitioners(s): Mr. R Singha
B E F O R E HON’BLE MR. JUSTICE DEVASHIS BARUAH ORDER 09.06.2026 Heard Mr. BD Goswami, the learned counsel appearing on behalf of the applicant. Also heard Mr.
R Singha, the learned counsel who appears on behalf of the writ petitioners in the accompanying writ petition. 2. Today, Mr. BD Goswami, the learned counsel appearing on behalf of the applicant has handed over a demand draft bearing No.500171, in favour of the petitioner No.1 of an amount of Rs.12,32,835/-, which was the remaining amount payable by the applicant to the writ petitioners. 3. A copy of the said demand draft is kept on record and marked with the letter ‘Z1’. 4. Mr. R Singha, the learned counsel appearing on behalf of the writ petitioners has duly accepted the demand draft bearing No.500171 dated 09.06.2026 of an amount of Rs.12,32,835/-, drawn in favour of the petitioner No.1 in the accompanying writ petition issued by the ICICI Bank, Guwahati. 5. Taking into account the above, nothing further remains to be adjudicated upon in the instant application as well as the accompanying writ proceedings. Accordingly, the instant application stands closed. The accompanying writ petition being WP(C)No.1344/2026 also stands closed as full and final
Page No.# 5/5 satisfaction to the order dated 25.10.2023, passed by the Chairperson and Member of the Real Estate Regulatory Authority, Assam. 6. This Court further observes that in view of the satisfaction to the order dated 25.10.2023, passed by the Chairperson and Member of the Real Estate Regulatory Authority, Assam, the proceedings before the Bakijai Officer initiated on the basis of the said order dated 25.10.2023, passed by the Chairperson and Member of the Real Estate Regulatory Authority, Assam also stands closed. 7.
This Court observes and directs that the Attachment of the immovable property belonging of the petitioners by the order dated 27.04.2026 is set aside and consequently, the immovable property of the petitioners, which is the two- storey RCC building and the 3(three) rooms in the 3rd floor bearing Dag No.1084 and KP Patta No.185 (old), 800 (new) within Revenue Village Rukminigaon (Lot No.11), Mouza: Beltola, under Dispur Revenue Circle is removed from any form of attachment in respect to the present proceedings initiated against the applicant. 8. Interlocutory application, accordingly, stands closed. JUDGE Comparing Assistant