Disposed

Sri Madan Agarwala and 2 Ors. v. the Commissioner and Secretary, Government of Assam and 2 Ors.

Gauhati HC17 Sept 2026WP(C)/5104/2026

Case brief

AI extract

What is this about?

This is a short order disposing of a writ petition filed regarding a notice for non-payment of land revenue. The petitioners claimed the land revenue rate was unreasonably increased. The Court dismissed the writ petition granting liberty to the petitioners to submit a representation to the revenue authorities regarding the pending arrear and the alleged increase in the revenue rate to be considered within 15 days.

What did the court decide?

The writ petition is disposed of granting liberty to the petitioners to submit a representation regarding non-deposit of land revenues and increase in revenue rate within 15 days; authorities directed to consider representation.

Sri Madan Agarwala and 2 Ors. Vs the Commissioner and… — Land Acquisition | Gauhati HC (2026)

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GAHC010197392026

2026:GAU-AS:13908

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

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Case No. : WP(C)/5104/2026

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SRI MADAN AGARWALA AND 2 ORS S/O LATE RAMSHARUP AGARWALA, VILLAGE DATHKOLA, P.O. BAKARIDOLONI, P.S. HALEM, PIN-784172, DISTRICT BISWANATH, ASSAM

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2: SRI SUVASH AGARWALA S/O LATE ASHARAM AGARWALA VILLAGE DATHKOLA P.O. BAKARIDOLONI P.S. HALEM PIN-784172 DIST BISWANATH ASSAM

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3: SRI OMPRAKASH AGARWALA S/O LATE ASHARAM AGARWALA VILLAGE DATHKOLA P.O. BAKARIDOLONI P.S. HALEM PIN-784172 DISTRICT BISWANATH ASSAM

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VERSUS

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THE COMMISSIONER AND SECRETARY, GOVERNMENT OF ASSAM AND 2 ORS REVENUE DEPARTMENT, DISPUR, GUWAHATI-781006.

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2:THE DEPUTY COMMISSIONER BISWANATH BISWANATH CHARIALI ASSAM PIN- 784176

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3:THE CIRCLE OFFICER HALEM REVENUE CIRCLE P.O. HALEM DIST- BISWANATH ASSAM PINCODE- 78417

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Advocate for the Petitioner : MR. A RAJKHOWA, MR. R P HAZARIKA

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Advocate for the Respondent : GA, ASSAM, SC, REVENUE AND DISASTER MANAGEMENT DEPT

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BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY

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ORDER

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Date : 18-09-2026

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Heard Mr. R.P. Hazarika, learned counsel for the petitioners; Mr. J. Handique, learned Standing Counsel, Revenue & Disaster Management Department, Government of Assam for the respondent no. 1; and Mr. N. Goswami, learned Junior Government Advocate, Assam for the respondent nos. 2 & 3.

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It is stated that in July, 2026, the petitioners have been served with a notice by the respondent no. 3 on the subject, ‘Non-payment of Land Revenue’. By the Notice, it has been informed that though the petitioners are running a brick industry on a plot of land covered by Dag no. 30 and K.P. Patta no. 7, situate at Revenue Village no. 2 Taltali, Kalongpur Mouza, Halem Revenue Circle, District – Biswanath, Assam [the subject-plot], the petitioners are not paying the land revenue in respect of the subject-plot since 2018. By the notice, the petitioners are informed to deposit the pending land revenues. The grievances of the petitioners is that the land revenue assessed earlier at Rs. 500

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per Bigha for the subject-land has been increased substantially in the meantime and for that reason, the petitioners have represented before the respondent authorities for reduction of the rate of land revenue.

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As the petitioners have been served with the notice for deposit of the pending arrear land revenues since 2018 by the respondent no. 3 through the notice, annexed as Annexure-5 to the writ petition, the petitioners are required to submit their response, by way of a representation, if any, regarding nondeposit of the land revenues since 2018. It is observed that it will also be open for the petitioners to raise their grievances regarding increase in the rate of revenues in the same representation. Therefore, this writ petition is disposed of granting liberty to the petitioners to submit the representation, if they opt to do so, within a period of 15 days from today, in response to the notice served upon them by the respondent no. 3. It is further observed that in case the petitioners submit any such representation, the respondent authorities, more particularly, the respondent nos. 2 & 3 shall give due consideration to the representation and a decision taken thereon is to be communicated to the petitioners thereafter.

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With the above observations and directions, the writ petition is disposed of.

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JUDGE

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Comparing Assistant

Sri Madan Agarwala and 2 Ors. v. the Commissioner and Secretary, Government of Assam and 2 Ors.

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