Rani Tea Estate and Anr. Vs the State of Assam and 5 Ors.

PUBLIC WORKS DEPARTMENT JALUKBARI AND GUWAHATI WEST TERRITORIAL BUILDING DIVISION JALUKBARI GHY-781013 ASSAM 5:THE CIRCLE OFFICER PALASHBARI REVENUE CIRCLE MIRZA KAMRUP(R) ASSAM PIN- 781128 6:THE OFFICER-IN-CHARGE RANI POLICE OUTPOST P.O. RANI DIST. KAMRUP(R) ASSAM PIN- 781131

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Advocate for the Petitioner : MR. M K CHOUDHURY, MR. M SARMA,MR P BHARDWAJ

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Advocate for the Respondent : GA, ASSAM, SC, REVENUE,SC, PWD

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BEFORE HONOURABLE MR. JUSTICE KARDAK ETE

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ORDER

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Date : 04-06-2026

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Heard Mr. P. Bhardwaj, learned counsel for the petitioners. Also heard Ms. N. Bordoloi, learned Standing Counsel, Revenue Department for the respondent No. 1and Mr. B. J. Talukdar, learned State counsel for the respondent Nos. 3, 5 & 6.

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None appears for the respondent Nos. 2 & 4 despite service of notice.

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2. The short grievance raised in the present writ petition is for a direction to the respondent authorities to demarcate the land of the

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petitioner No. 1, namely, Rani Tea Estate, and to refrain from proceeding with any construction activities in and around the land of the petitioners until such demarcation is carried out.

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3. The petitioner No. 1 is a Tea Estate owned by M/s M.K.B. (Asia) Pvt. Ltd., having its registered office at 51 Zoo Narengi Road, Geetanagar, Guwahati, Assam. The Tea Estate is situated over a large tract of land measuring approximately 2,600 (two thousand six hundred) bighas covering villages Kallapara, Rajapanichanda and Kallapara N.K. under Mouza Dhakin Rani in the district of Kamrup (Rural), Assam. The petitioners have been regularly paying land revenue in respect of the said Tea Estate land.

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4. It is the contention of the petitioners that some persons started carrying out land-filling activities over portions of the Tea Estate land and were also attempting to undertake construction activities thereon. Apprehending encroachment over the Tea Estate land and in order to ascertain its exact boundaries, the petitioners approached the revenue authorities on several occasions seeking demarcation of the land. In this regard, applications dated 25.11.2019 and 26.11.2019 were submitted before the Circle Officer, Palashbari Revenue Circle, requesting demarcation of the boundaries of the Tea Estate. The petitioners contend that despite repeated representations and requests made from time to time, the respondent authorities have not undertaken the exercise of demarcation till date. Aggrieved by such inaction on the part of the authorities, the petitioners have approached this Court by filing the present writ petition seeking appropriate directions.

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5. The respondent No. 5, the Circle Officer, Palashbari Revenue Circle

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has filed an affidavit, wherein, it has been admitted that the petitioner had submitted an application dated 03.06.2019 before the Circle Officer, Palashbari Revenue Circle, seeking demarcation of the boundaries of the Tea Estate. However, it has been stated that, as per the report of the concerned Lot Mandal, considering the vast extent of the Tea Estate land sought to be demarcated, the petitioner was advised to submit the application in the proper format. According to the respondents, the petitioner did not act upon such advice.

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6. Mr. P. Bhardwaj, learned counsel for the petitioners, submits that the petitioners are ready and willing to submit a fresh application in the format prescribed by the revenue authorities and to extend full cooperation in the process of demarcation. He accordingly prays that a period of 15 (fifteen) days may be granted to the petitioners for submission of a fresh application in the prescribed format.

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7. Mr. B. J. Talukdar, learned State Counsel, submits that having regard to the extensive area involved, the exercise of demarcation would require considerable time. He, therefore, submits that a period of 4 (four) months may be granted to the respondent authorities for carrying out and completing the demarcation exercise upon receipt of the application in the prescribed format.

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8. Having considered the submissions of the learned counsel for the parties and also considering that the grievance raised by the petitioners is for demarcation of the boundary of the land of the petitioner Tea Estate, as well as the stand of the State respondents that the exercise of demarcation would be carried out provided the petitioner submits an application in the proper format and cooperate with the respondent

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authorities, I deem it appropriate to dispose of this writ petition with a direction to the petitioners to file a fresh application in the proper format within a period of 15 (fifteen) days from today and upon receipt of such application, the respondent authorities shall take necessary steps and complete the exercise of demarcation of the land, in accordance with law, within a period of 4 (four) months from the date of receipt of the application. It is ordered, accordingly. It is made clear that the petitioners shall extend full cooperation to the revenue authorities during the demarcation process.

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9. With the above directions, the writ petition stands disposed of.

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JUDGE

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Rani Tea Estate and Anr. v. the State of Assam and 5 Ors.

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Rani Tea Estate and Anr. v. the State of Assam and 5 Ors.

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