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2026 DAILYLAW 9834 (GAU)

GANESH CHANDRA SARMA v. THE STATE OF ASSAM AND 8 ORS

WP(C)/3433/2016 · 2026-07-19

Devashis Baruah

Writ Petition (Civil)body2026

Judgment text

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Page No.# 1/4 GAHC010017502016 2026:GAU-AS:9928 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3433/2016 GANESH CHANDRA SARMA S/O LT. RATNA KANTA SARMA, R/O BARSAJAI, P.O. and P.S. BASISTHA, GUWAHATI, DIST- KAMRUP METRO, ASSAM VERSUS THE STATE OF ASSAM AND 8 ORS REP. BY THE COMMISSIONER and SECY. TO THE GOVT. OF ASSAM, HOME DEPTT., DISPUR, GHY-6 2:THE DIRECTOR GENERAL OF POLICE ULUBARI GUWAHATI 3:COMMISSIONER OF POLICE GUWAHATI 4:DY. COMMISSIONER KAMRUP METRO 5:OFFICER IN CHARGE BASISTHA POLICE STATION 6:CIRCLE OFFICER DISPUR REVENUE CIRCLE GUWAHATI ASSAM 7:LAT MANDAL DISPUR REVENUE CIRCLE Page No.# 2/4 KAMRUP METRO ASSAM 8:LABANYA DAS W/O LT. KRISHNA KANTA DAS R/O H/NO.59 P.O. SILPUKHURI HOT POT RESTAURANT BHUBOR ROAD UZAN BAZAR DIST- KAMRUP METRO GUWAHATI ASSAM 9:SWAPNA DEVI W/O LT. PHONINDRA LAL BRAMACHARYEE R/O BARSAJAI NEAR KALIMANDIR P.O. LALMATI GUWAHATI DIST- KAMRUP METRO ASSA For the Petitioner(s) : Mr. A. Chaliha, Advocate For the Respondent(s) : Ms. M. Barman, Jr. GA, Assam BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 20.07.2026 Heard Mr. A. Chaliha, the learned counsel appearing on behalf of the Petitioner and Ms. M. Barman, the learned Junior Government Advocate appearing on behalf of the Respondent Nos. 1 to 7. None appears on behalf of the Respondent Nos. 8 and 9. Page No.# 3/4 2. The present writ petition has been filed by the Petitioner being aggrieved by the actions on the part of the Respondent Nos. 8 and 9 in taking steps for dispossessing the Petitioner from the plot of land admeasuring 1 Bigha covered by Dag No.702(old)/3440(new) included in K.P. Patta No.29(old)/605(new) of Revenue village Barsajai under Mouza Beltola in the District of Kamrup (M) Assam. 3. This Court has duly perused the writ petition and a perusal of the writ petition reveals that it is a purely a civil dispute between the Petitioner and the Respondent Nos. 8 and 9. It is also seen that the Petitioner in order to invoke the Article 226 of the Constitution have arrayed the Respondent Nos. 1 to 7 to the writ petition. 4. It may not be out of place to mention that there is already a suit filed by the Petitioner pending before the Court of the Civil Judge (Junior Division) No.3, Kamrup (M) at Guwahati which has been registered and numbered as Title Suit No.73/2016. 5. Taking into account that there is already a suit pending and the dispute in question is purely a civil dispute, this Court is not inclined to entertain the instant writ petition for which the writ petition stands dismissed. 6. Before parting with the records, this Court makes it clear Page No.# 4/4 that the dismissal of the present writ petition shall not affect the inter-se rights of the Petitioner as well as the Respondent Nos. 8 and 9 in Title Suit No.73/2016. JUDGE Comparing Assistant