Gauhati High Court
Ghanashyam Mahanta vs The State Of Assam And 10 Ors on 16 July, 2025
Author: Sanjay Kumar Medhi
Bench: Sanjay Kumar Medhi
Page No.# 1/4
GAHC010142932025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/3807/2025
GHANASHYAM MAHANTA
S/O LATE ANANTA RAM MAHANTA, MANAGING PARTNER OF M/S
MASCOT REAL ESTATE, A REGISTERED PARTNERSHIP FIRM HAVING ITS
REGISTERED OFFICE AT M.C. ROAD, GUWAHATI-3, DIST- KAMRUP (M),
ASSAM
VERSUS
THE STATE OF ASSAM AND 10 ORS.
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF ASSAM, REVENUE DEPARTMENT, DISPUR, GUWAHATI-
6
2:THE DISTRICT COMMISSIONER
DIST- KAMRUP (M)
GUWAHATI
ASSAM
PIN-781036
3:THE COMPETENT AUTHORITY FOR LAND ACQUISITION (CAL)
DIST- KAMRUP (M)
ASSAM
PIN-781036
4:THE ADDITIONAL DISTRICT COMMISSIONER
KAMRUP (M)
GUWAHATI
ASSAM
PIN-781036
5:MANABENDRA KUMAR DAS
S/O LATE BIRENDRA KUMAR DAS
Page No.# 2/4
R/O KALAPAHAR
GUWAHATI
P.S.- FATASHIL AMBARI
GUWAHATI
DIST- KAMRUP (M)
ASSAM
6:DILIP KUMAR DAS
S/O LATE BIRENDRA KUMAR DAS
R/O KALAPAHAR
GUWAHATI
P.S.- FATASHIL AMBARI
GUWAHATI
DIST- KAMRUP (M)
ASSAM
7:GAURANGA ADHIKARI
S/O NAGENDRA CHANDRA ADHIKARI
R/O KALAPAHAR
GUWAHATI
P.S.- FATASHIL AMBARI
GUWAHATI
DIST- KAMRUP (M)
ASSAM
8:BISHNU PADA ADHIKAR
S/O NAGENDRA CHANDRA ADHIKARI
R/O KALAPAHAR
GUWAHATI
P.S.- FATASHIL AMBARI
GUWAHATI
DIST- KAMRUP (M)
ASSAM
9:KHUSHI ADHIKARI
W/O LATE PARTHA ADHIKARI
R/O KALAPAHAR
GUWAHATI
P.S.- FATASHIL AMBARI
GUWAHATI
DIST- KAMRUP (M)
ASSAM
10:SUBRATA ADHIKARI
S/O NAGENDRA CHANDRA ADHIKARI
R/O KALAPAHAR
GUWAHATI
P.S.- FATASHIL AMBARI
Page No.# 3/4
GUWAHATI
DIST- KAMRUP (M)
ASSAM
11:BABLA ADHIKARI
S/O NAGENDRA CHANDRA ADHIKARI
R/O KALAPAHAR
GUWAHATI
P.S.- FATASHIL AMBARI
GUWAHATI
DIST- KAMRUP (M)
ASSA
Advocate for the Petitioner : MR B P BORAH, MR J. B. CHOUDHURY,MR H MAZUMDER
Advocate for the Respondent : SC, REVENUE, GA, ASSAM
BEFORE
HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
ORDER
16.07.2025 Heard Shri B.P. Borah, learned counsel for the petitioner as well as Shri N. Das, learned State Counsel and Ms. G. Hazarika, learned Standing Counsel, Revenue Department.
2. When this matter was taken up for consideration on the last occasion i.e. 14.07.2025, this Court had observed that the grievance expressed in this writ petition can be addressed by resorting to Section 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. Accordingly, the learned counsel for the petitioner had taken time to obtain instructions.
3. Shri Borah, learned counsel for the petitioner has submitted that he has advised the client to file an application under Section 64 of the said Act. He has however contended that the aspect of limitation may come in and therefore, Page No.# 4/4 appropriate observations be made in this order.
4. Shri Das, learned State Counsel has however submitted that if such an application is indeed filed, the same may be considered in accordance with law.
5. Considering the above, the writ petition is closed on withdrawal with liberty to the petitioner to approach the appropriate forum under the provisions of law mentioned above.
6. At this stage, Shri Borah, learned counsel for the petitioner has informed that the Award is yet to be received by the petitioner.
7. In view of the above, it is observed that in the event, such an application is filed, the same would be considered on its own merits without going into the aspect of limitation.
8. With the above observations, the writ petition stands closed.
JUDGE Comparing Assistant