Gauhati High Court
Urrunaband Tea Estate vs The State Of Assam And 3 Ors on 24 April, 2026
Author: Devashis Baruah
Bench: Devashis Baruah
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GAHC010045372020
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/5409/2018
URRUNABAND TEA ESTATE
A PROPRIETORIAL CONCERN HAVING ITS OFFICE AT P.O. SALGANGA
SILCHAR IN THE DIST. OF CACHAR
ASSAM
REP. BY ITS SENIOR MANAGER AND POWER OF ATTORNEY HOLDER
SRI JAYANTA BANERJEE
SON OF LT. TARIT PRAKASH BANERJEE
R/O URRUNABAND TEA ESTATE
P.O. SALGANYA
SILCHAR IN THE DIST. OF CACHAR
ASSAM.
VERSUS
THE STATE OF ASSAM AND 3 ORS.
REP. BY THE SECRETARY TO THE GOVT. OF ASSAM
DEPARTMENT OF LAND AND REVENUE ASSAM.
2:THE DEPUTY COMMISSIONER
CACHAR
P.O. DIST. CACHAR
ASSAM
3:THE SETTLEMENT OFFICER
SADAR CIRCLE
OFFICE OF THE SETTLEMENT OFFICER
SADAR CIRCLE
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SILCHAR.
4:THE ASSISTANT SETTLEMENT OFFICER
SADAR CIRCLE
SILCHAR
OFFICE OF THE ASSISTANT SETTLEMENT OFFICER
SADAR CIRCLE
SILCHAR.
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For the Petitioner(s) : Mr. G. N. Sahewalla, Sr. Advocate
: Mr. H. K. Sharma, Advocate
For the Respondent(s) : Mr. R. Borpujari, Standing Counsel
: Mr. J. Handique, Government Advocate
BEFORE
HONOURABLE MR. JUSTICE DEVASHIS BARUAH
ORDER
Date : 24.04.2026
Heard Mr. G. N. Sahewalla, the learned Senior counsel
assisted by Mr. H. K. Sharma, the learned counsel appearing on
behalf of the Petitioner and Mr. R. Borpujari, the learned
Standing counsel appearing on behalf of the Revenue
Department. I have also heard Mr. J. Handique, the learned
Government Advocate appearing on behalf of the District
Administration as well as the Settlement Officer.
2. The Petitioner herein has assailed the order dated
29.06.2018 passed by the learned Deputy Commissioner Cachar,
Silchar, (Land Ceiling Branch).
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3. The brief facts which led to the filing of the instant petition
are that a proceeding under the Assam Fixation of Ceiling on
Land Holdings Act, 1956 (for short ‘the Act of 1956’) was
initiated and registered and numbered as Land Ceiling Case
No.1/75-76. An order was passed on 04.07.1983 by the Office
of the Deputy Commissioner, Cachar, Silchar thereby coming to
a finding that 3690 Bighas 4 Kathas 0 Chatak was the total
surplus land and out of the said, 2552 Bighas 2 Kathas, 1
Chatak was acquired by the Collector and there was a balance
areas of ceiling surplus liable for acquisition comes to 138
Bighas 1 Katha, 0 Chatak.
4. A revision was filed under Section 7(6) of the Act of 1956 by
the Petitioner before the Revenue Department of the
Government of Assam and an order was passed on 22.05.1984
holding inter alia that the Petitioner Estate should be allowed to
retain 1200 Bighas of land at Khaspurgrant in addition to the
area already allowed by the Collector.
5. Pursuant thereto, the Office of the Deputy Commissioner,
Cachar had written a letter to the Special Secretary to the
Government of Assam, Revenue (Reforms) Department in the
month of September, 1985. The records further reveal that on
19.09.1986, some order was passed by the Governor of Assam
through the Deputy Secretary to the Government of Assam
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whereby the revision petition filed by the Petitioner under
Section 7(6) of the Act of 1956 was rejected.
6. The Petitioner thereupon challenged the said order dated
19.09.1986 before this Court by filing a petition which was
registered and numbered as Civil Rule No. 1343/1986 and the
learned Division Bench of this Court vide a judgment and order
dated 09.04.1991 set aside the order dated 19.09.1986 on the
ground that the said order was passed in violation to the
principles of natural justice. The learned Division Bench of this
Court further directed the State Government in the Revenue
Department for fresh hearing of the revision petition and
dispose of the same on merits in accordance with the law within
a period of 4 (four) months after duly serving notices upon the
parties.
7. The records further reveal that there were certain
correspondences by the Revenue Department with the
Petitioner in respect to the Land Ceiling Case No.1/75-76 but
from the materials on record, it does not show as to whether
there was any hearing granted to the Petitioner and any order
passed by the Revenue Department as directed by the learned
Division Bench of this Court in Civil Rule No.1343/1986.
8. Be that as it may, it is seen that a notification was issued on
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03.02.2018 by the Deputy Commissioner Cachar, which
apparently was a notification of the draft statement in terms of
Section 7(2) of the Act of 1956 calling for objections.
9. The question arises is as to whether the Revenue
Department of the Government of Assam passed any order in
pursuance to the directions passed by this Court dated
09.04.1991 in Civil Rule No.1343/1986 inasmuch as in absence
of such order, the Deputy Commissioner, Cachar would not have
the jurisdiction to issue the draft notification dated 03.02.2018
which is at Annexure-XVII of the writ petition. It is further
observed that in the circumstance the notification dated
03.02.2018 cannot be issued by the Deputy Commissioner, the
impugned order which was passed on 29.06.2018 cannot
withstand the scrutiny of law.
10. An affidavit has been filed by the Respondent No.2 and
there is no clarity on the said aspect.
11. Mr. R. Borpujari, the learned Standing counsel who appears
on behalf of the Revenue Department submits that he would
like to peruse the records and file an additional affidavit, if so
required.
12. List this matter again on 08.06.2026.
13. In the meantime, the additional affidavit be filed on or
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before 03.06.2026.
14. The records pertaining to Land Ceiling Case No.1/75-76 be
also produced on the next date.
15. Interim order passed if any, stands extended till the next
date.
JUDGE
Comparing Assistant