Mrs Manjita Kalita Chowdhury Vs the State of Assam and 5 Ohers — Gauhati HC (2026) — LawSathi Research

Mrs Manjita Kalita Chowdhury Vs the State of Assam and 5 Ohers — Gauhati HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Interlocutory application I.A.(Civil)/1344/2026 and the accompanying writ petition closed as full and final satisfaction to the RERA Assam order dated 25.10.2023; Bakijai proceedings initiated thereon closed; attachment order dated 27.04.2026 set aside and the scheduled immovable property released from attachment

Issue for consideration

Whether, upon the applicant paying the remaining amount of Rs.12,32,835/- to the writ petitioners, full and final satisfaction of the order dated 25.10.2023 of the Chairperson and Member, Real Estate Regulatory Authority, Assam stood achieved, requiring closure of the interlocutory application and the accompanying writ petition +1 more

Court's answer

Upon the applicant handing over demand draft No.500171 dated 09.06.2026 for Rs.12,32,835/-, the remaining amount payable to the writ petitioners, and its acceptance by their counsel, nothing further remained to be adjudicated; the interlocutory application and the accompanying writ petition stand closed as full and final satisfaction to the order dated 25.10.2023 of the Chairperson and Member, Real Estate Regulatory Authority, Assam

Ratio / Principle

In view of the satisfaction to the RERA order dated 25.10.2023, the proceedings before the Bakijai Officer initiated on the basis of that order also stand closed

Key takeaways

The attachment of the petitioners' immovable property, namely the twostorey RCC building and the three rooms in the 3rd floor bearing Dag No.1084 and KP Patta No.185 (old), 800 (new), Revenue Village Rukminigaon (Lot No.11), Mouza Beltola, under Dispur Revenue Circle, by order dated 27.04.2026 is set aside, and the property is removed from any form of attachment in respect of the present proceedings initiated against the applicantratio¶37

Detailed headnote1 paragraphs

By order dated 09.06.2026 in I.A.(Civil)/1344/2026, the Gauhati High Court (Devashis Baruah, J.) closed the interlocutory application and the accompanying writ petition (linked as WP(C)/5921/2025; referred to in the body of the order as WP(C)No.1344/2026) upon recording full and final satisfaction of the order dated 25.10.2023 passed by the Chairperson and Member of the Real Estate Regulatory Authority, Assam. The applicant, Mrs Manjita Kalita Chowdhury (proprietor of M/s Aarvee Associates), handed over demand draft No.500171 dated 09.06.2026 for Rs.12,32,835/- drawn on ICICI Bank, Guwahati in favour of petitioner No.1 (Dr Madhurjya Bhattacharyya), being the remaining amount payable to the writ petitioners (Dr Madhurjya Bhattacharyya and Smti Binita Sarma), which their counsel Mr R Singha accepted. Consequently, the recovery proceedings before the District Bakijai Officer initiated on the basis of the RERA order dated 25.10.2023 were closed, and the attachment created by order dated 27.04.2026 over the petitioners' twostorey RCC building and three rooms on the 3rd floor bearing Dag No.1084 and KP Patta No.185 (old), 800 (new), Revenue Village Rukminigaon (Lot No.11), Mouza Beltola, under Dispur Revenue Circle, was set aside and the property removed from any form of attachment.

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GAHC010083262026

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : I.A.(Civil)/1344/2026

MRS MANJITA KALITA CHOWDHURY W/O SRI ANUSHIK CHOWDHURY, R/O- RUKMINIGAON, OPP HDFC BANK, HOUSE NO. 86, P.O KHANAPARA, P.S DISPUR, DIST. KAMRUP METRO, ASSAM,

VERSUS

THE STATE OF ASSAM AND 5 OHERS

THROUGH THE SECRETARY TO THE GOVERNMENT OF ASSAM, REVENUE DEPARTMENT, DISPUR, GUWAHATI-6

2:THE DISTRICT COMMISSIONER KAMRUP M HENGRABARI GUWAHATI-06

3:THE ADDITIONAL DISTRICT COMMISSIONER KAMRUP (M) CUM DISTRICT BAKIJAI OFFICER KAMRUP M HENGRABARI GUWAHATI-06.

4:THE REGISTRAR REAL ESTATE REGULATORY AUTHORITY JAWAHAR NAGAR N.H 27 KHANAPARA GUWAHATI. PIN- 781022

5:DR MADHURJYA BHATTACHARYYA R/O- FLAT NO.1B USHA APARTMENTS KALYANI SAGAR PATH KALYANI NAGAR BHAGADUTTAPUR KAHILIPARA

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P.O-KAHILIPARA P.S.-DISPUR DIST. KAMRUP M ASSAM

6:SMTI BINITA SARMA R/O- FLAT NO.1B USHA APARTMENTS KALYANI SAGAR PATH KALYANI NAGAR BHAGADUTTAPUR KAHILIPARA P.O-KAHILIPARA P.S.-DISPUR DIST. KAMRUP M ASSAM PIN-781019

Advocate for the Petitioner : MR B ISLAM, MR. B D GOSWAMI,MR. J C GOGOI

Advocate for the Respondent : GA, ASSAM, MR. R SINHA

Linked Case : WP(C)/5921/2025

DR MADHURJYA BHATTACHARYYA AND ANR SON OF LATE JANARDAN BHATTACHARYA RESIDENT OF - - FLAT NO 1B USHA APARTMENTS KALYANI SAGAR PATH KALYANI NAGAR BHAGADUTTAPUR KAHILIPARA P.O-- KAHILIPARA P.S-- DISPUR DISTRICT-- KAMRUPM GUWAHATI-781019 ASSAM.

2: SRIMATI BINITA SARMA WIFE OF DR. MADHURJYA BHATTACHARYYA RESIDENT OF - - FLAT NO 1B USHA APARTMENTS KALYANI SAGAR PATH KALYANI NAGAR

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BHAGADUTTAPUR KAHILIPARA P.O KAHLIPARA P.S-- DISPUR DISTRICT-- KAMRUPM GUWAHATI-781019 ASSAM. VERSUS THE STATE OF ASSAM AND ORS THROUGH THE SECRETARY TO THE GOVERNMENT OF ASSAM REVENUE DEPARTMENT DISPUR GUWAHATI-6. 2:THE DISTRICT COMMISSIONER KAMRUP M HENGRABARI GUWAHATI 3:THE ADDITIONAL DISTRICT COMMISSIONER KAMRUP M CUM DISTRICT BAKIJAI OFFICER KAMRUPM HENGRABARI GUWAHATI 4:M/S AARVEE ASSOCIATES REPRESENTED BY ITS PROPRIETOR SRIMATI MANJITA KALITA CHOUDHURY HAVING ITS REGISTERED OFFICE AT RUKMINIGAON OPPOSITE OF HDFC BANK HOUSE NO. 86 GUWAHATI-- 781002 DISTRICT-- KAMRUPM ASSAM. 5:SRIMATI MANJITA KALITA CHOUDHURY W/O-- SRI ANUSHIK CHOUDHURY RUKMINIGAON OPPOSITE OF HDFC BANK HOUSE NO. 86 GUWAHATI-- 781002 DISTRICT-- KAMRUPM ASSAM. 6:REAL ESTATE REGULATORY AUTHORITY REPRESENTED BY THE REGISTRAR JAWAHAR NAGAR N.H 27 KHANAPARA GUWAHATI-781022 ------------

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Advocate for the applicant(s): Mr. BD Goswami

Advocate for the writ petitioners(s): Mr. R Singha

B E F O R E

HON’BLE MR. JUSTICE DEVASHIS BARUAH ORDER

09.06.2026

Heard Mr. BD Goswami, the learned counsel appearing on behalf of the applicant. Also heard Mr. R Singha, the learned counsel who appears on behalf of the writ petitioners in the accompanying writ petition.

Today, Mr. BD Goswami, the learned counsel appearing on behalf of the applicant has handed over a demand draft bearing No.500171, in favour of the petitioner No.1 of an amount of Rs.12,32,835/-, which was the remaining amount payable by the applicant to the writ petitioners.

A copy of the said demand draft is kept on record and marked with the letter ‘Z1’.

Mr. R Singha, the learned counsel appearing on behalf of the writ petitioners has duly accepted the demand draft bearing No.500171 dated 09.06.2026 of an amount of Rs.12,32,835/-, drawn in favour of the petitioner No.1 in the accompanying writ petition issued by the ICICI Bank, Guwahati.

Taking into account the above, nothing further remains to be adjudicated upon in the instant application as well as the accompanying writ proceedings. Accordingly, the instant application stands closed. The accompanying writ petition being WP(C)No.1344/2026 also stands closed as full and final

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satisfaction to the order dated 25.10.2023, passed by the Chairperson and Member of the Real Estate Regulatory Authority, Assam.

This Court further observes that in view of the satisfaction to the order dated 25.10.2023, passed by the Chairperson and Member of the Real Estate Regulatory Authority, Assam, the proceedings before the Bakijai Officer initiated on the basis of the said order dated 25.10.2023, passed by the Chairperson and Member of the Real Estate Regulatory Authority, Assam also stands closed.

This Court observes and directs that the Attachment of the immovable property belonging of the petitioners by the order dated 27.04.2026 is set aside and consequently, the immovable property of the petitioners, which is the twostorey RCC building and the 3(three) rooms in the 3^rd floor bearing Dag No.1084 and KP Patta No.185 (old), 800 (new) within Revenue Village Rukminigaon (Lot No.11), Mouza: Beltola, under Dispur Revenue Circle is removed from any form of attachment in respect to the present proceedings initiated against the applicant.

Interlocutory application, accordingly, stands closed.

JUDGE

Comparing Assistant