Page No.# 1/3 GAHC010133522026 2026:GAU-AS:10053 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3533/2026 ASRAF ALI SON OF LATE SADNUR ALI RESIDENT OF VILLAGE KACHARUA POST OFFICE PUTHIMARI POLICE STATION KAMALPUR DISTRICT KAMRUP ASSAM PIN 781380 VERSUS THE STATE OF ASSAM AND 2 ORS REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM REVENUE AND DISASTER MANAGEMENT DEPARTMENT DISPUR GUWAHATI 05. 2:DISTRICT COMMISSIONER (REVENUE BRANCH) KAMRUP AT AMINGAON DISTRICT KAMRUP ASSAM. 3:ADDITIONAL DISTRICT COMMISSIONER (REVENUE BRANCH) KAMRUP AT AMINGAON DISTRICT KAMRUP ASSA Advocate for the Petitioner : MR. S NATH, R SAHA Advocate for the Respondent : GA, ASSAM, SC, REVENUE BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER Date : 22-07-2026 Heard Mr. S. Nath, learned counsel for the petitioner; Ms. N. Bordoloi, learned Standing Counsel, Revenue Department for the respondent no. 1; and Page No.# 2/3 Mr. J. Handique, learned Junior Government Advocate, Assam for the respondent nos. 2 & 3. 2. The petitioner has approached this Court by filing the present writ petition under Article 226 of the Constitution of India, aggrieved by non-disposal of Tenancy Case no. 04/2023, which is stated to be pending before the respondent no. 2 till date. 3. It is the case of the petitioner that the proceedings of Tenancy Case no. 04/2023 is for the purpose of ownership right in favour of the petitioner as the applicant under Section 23 of the Assam [Temporarily Settled Areas] Tenancy Act, 1971. It is submitted that as the tenancy case is stated to be pending since 2023, the petitioner is constrained to approach this Court for an expeditious consideration and disposal of Tenancy Case no. 04/2023. 4. On 13.07.2026, the learned State Counsel was asked to obtain instructions regarding the present status of Tenancy Case no. 04/2023. 5. Mr. Handique, learned Junior Government Advocate, Assam appearing for the respondent nos. 2 & 3 has submitted, on the basis of written instructions received from the respondent no. 2 vide an Office Letter no. KRL.07/2023/247 dated 17.07.2026 addressed to him, that the hearing of Tenancy Case no. 04/2023 was held on 30.05.2023, 23.06.2023, 02.08.2023, 16.07.2024, 20.08.2024, 24.09.2024, 19.10.2024, 02.11.2024, 04.12.2024, 25.02.2025, 31.07.2025 and 11.12.2025. It is mentioned that during hearing, opportunities were given to the contesting parties to resolve the matter immediately. On 11.02.2025, the parties were granted one month’s time to submit their respective written statement/objection in the matter of transfer of ownership Page No.# 3/3 right to the rayots. It is mentioned that further hearing was not conducted for a period of three to four months due to the Election to the Assam Legislative Assembly in April/May, 2026. It is mentioned that the case would be disposed of at the earliest. 6. Taking into consideration the facts that Tenancy Case no. 04/2023 is presently pending before the respondent no. 2, and the hearing has taken place from 30.05.2023 onwards, that is, for more than a period of three years, this Court is of the considered view that the respondent no. 2 should bring the proceeding of Tenancy Case no. 04/2023 to its logical conclusion as expeditiously as possible, preferably within a period of three months from the date of submission of a copy of this Order in the office of the respondent no. 2 by the petitioner. It is accordingly directed. 7. With the above direction, the writ petition is disposed of. 8. It is clarified that this Court has not made any observation as regards the merits of the claim of either of the parties in Tenancy Case no. 04/2023 and the respondent no. 2 is to proceed to dispose of the case on its own merits and in accordance with law. 9. A copy of the Office Letter no. KRL.07/2023/247 dated 17.07.2026 of the respondent no. 2, which is placed by Mr. Handique, is kept with the case record by marking it as Document ‘X’. JUDGE Comparing Assistant