Gauhati High Court
Page No.# 1/3 vs On Death Of Mahendra Terang on 9 February, 2026
Page No.# 1/3
GAHC010279672025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : CRP/9/2026
APURBA KUMAR MEDHI AND 3 ORS.
S/O LATE KARUNA KANTA MEDHI, R/O VILL. - KAMALAJARI, P.O. AND
P.S.- SONAPUR, DIST.- KAMRUP (M), ASSAM, PIN-782402
2: AMIYA KUMAR MEDHI
S/O LATE KARUNA KANTA MEDHI
R/O VILL. - KAMALAJARI
P.O. AND P.S.- SONAPUR
DIST.- KAMRUP (M)
ASSAM, PIN-782402
3: RAJIB KUMAR MEDHI
S/O LATE KARUNA KANTA MEDHI
R/O VILL. - KAMALAJARI
P.O. AND P.S.- SONAPUR
DIST.- KAMRUP (M)
ASSAM, PIN-782402
4: BHABANI MOHAN MEDHI
S/O LATE KARUNA KANTA MEDHI
R/O VILL. - KAMALAJARI
P.O. AND P.S.- SONAPUR
DIST.- KAMRUP (M)
ASSAM, PIN-78240
VERSUS
ON DEATH OF MAHENDRA TERANG, HIS LEGAL HEIR, SMTI.
PHULESWARI RAHANG TERANG AND 2 ORS.
W/O LATE MAHENDRA TERANG, R/O VILL. - LALMATI (PHANGARI), P.S.-
SONAPUR, DIST.- KAMRUP (M), ASSAM, PIN- 782402.
2:KUSHAL BORO
S/O UNKNOWN
Page No.# 2/3
R/O VILL- SONAPUR
P.S.- SONAPUR
DIST- KAMRUP (M)
ASSAM, PIN-782402
3:LUNIT REHANG
S/O GAKHIR RAHANG
R/O VILL- LAPHAR
P.O.- NARTAP
P.S.- SONAPUR
DIST- KAMRUP (M)
ASSAM, PIN-78240
Advocate for the Petitioner : MR. ANANTA RAM MEDHI, MD. K AHMED,MS. K MEDHI
Advocate for the Respondent : ,
BEFORE
HON'BLE MR. JUSTICE ROBIN PHUKAN
ORDER
09.02.2026 Heard Mr. A.R. Medhi, learned counsel for the petitioners.
In this petition under Article 227 of the Constitution of India, read with Section 151 of the Code of Civil Procedure, 1908, the petitioners have challenged the order dated 15.10.2025 passed by the learned Additional Sessions Judge No.1, Kamrup(M) at Guwahati, in Sessions Special Land Grabbing Case No.06/2020. It is to be noted here that vide impugned order dated 15.10.2025, the learned Additional Sessions Judge No.1 has dismissed the Sessions Special Land Grabbing Case No.06/2020.
Mr. Medhi, learned counsel for the petitioners submits that though there is a provision for appeal under Section 13 of the Assam Land Grabbing (Prohibition) Act, 2010 against the order of dismissal, yet, the appeal has to be preferred before the Special Court under Section 14 of the 2010 Act. But, the same has not been constituted by the State Government till date and under such circumstances, the petitioner has not other option but to prefer the present petition under Article 227 of the Constitution of India, Page No.# 3/3 based on the decision of a Coordinate Bench of this Court in WP(C) No.558/2024, dated 27.02.2024.
Perused the petition and the documents placed on record and also perused the relevant provision of Section 13 and 14 of the Assam Land Grabbing (Prohibition) Act, 2010 and also perused the judgment of the Coordinate Bench of this Court dated 27.02.2024 in WP(C) No.558/2024.
It is to be noted here that Ms. D.D. Barman, learned Additional Senior Government Advocate, who was present in the Court in connection with another matter, was requested to obtain instruction as to whether the Special Court, as provided under Section 14 of the Assam Land Grabbing (Prohibition) Act, 2010 is constituted by the State Government or not and at 2:00 p.m. Ms. Barman apprise this Court that such Special Court for dealing with appeal has not yet been constituted by the State Government.
Under the given facts and circumstances and also considering the decision of the Coordinate Bench of this Court in WP(C) No.558/2024, dated 27.02.2024, this Court is of the view that this present civil revision petition under Article 227 of the Constitution of India is maintainable.
Accordingly, it is provided that let notice be issued to the respondents, returnable within 4(four) weeks.
Step be taken by speed post with A/D and also by usual process within a week from today.
Registry shall call for the record from the learned Court below.
List the matter after 4(four) weeks.
Sd/- Robin Phukan JUDGE Comparing Assistant