Gauhati High Court
2: Smti Tutu Hazarika vs The Union Of India And 6 Ors on 17 July, 2025
Author: Sanjay Kumar Medhi
Bench: Sanjay Kumar Medhi
Page No.# 1/4
GAHC010214342015
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/7322/2015
ON THE DEATH OF RAMANI HAZARIKA THE FOLLOWING LEGAL HEIRS
ARE TO BE SUBSTITUTED
S/O LT. RAMESWAR HAZARIKA VILL- PHUKAN PHODIA P.O.
GAURISAGAR, DIST. SIVASAGAR, ASSAM.
1.1: DULU HAZARIKA
WIFE OF LATE RAMANI HAZARIKAORIGINALLY RESIDENT OF
GAURISAGAR PHUKAN PHODIA GAON NEAR BISHNU DOL PO
GAURISAGAR PS GAURISAGAR DIST SIVASAGAR ASSAM PRESENTLY
RESIDING AT WARD NO 4 BOKAKHAT TOWN PO BOKAKHAT PS
BOKAKHAT DIST GOLAGHAT PIN785612 ASSAM
1.2: SMTI TUTU HAZARIKA
ALIAS SMTI TUTU DUTTA AGED 33 YEARS D/O LATE RAMANI HAZARIKA
AND W/O SRI RIPUL DUTTA RESIDENT OF POLAKHOWA VILLAGE
BOKAKHAT PO AND PS BOKAKHAT DIST GOLAGHAT PIN 78561
VERSUS
THE UNION OF INDIA and 6 ORS
REP. BY THE MINISTRY OF CULTURE GOVT. OF INDIA, SHASTRI BHAWAN,
NEW DELHI- 110001.
2:THE SECRETARY TO THE GOVT. OF INDIA
DEPARTMENT OF CULTURAL AFFAIRS
NEW DELHI
SHASTRI BHAWAN
NEW DELHI-110001.
3:THE DIRECTOR GENERAL
ARCHAEOLOGICAL SURVEY OF INDIA
JANAPATH
NEW DELHI.
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4:THE REGIONAL DIRECTOR ER
ARCHAEOLOGICAL SURVEY OF INDIA
I BBD BAGH CURRENCY BUILDING
KOLKATA.
5:THE SUPERINTENDING ARCHAEOLOGIST
ARCHEOLOGICAL SURVEY OF INDIA
GUWAHATI CIRCLE
GNB ROAD
AMABARI
GUWAHATI-1.
6:THE STATE OF ASSAM
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
REVENUE AND DISASTER MANAGEMENT DEPARTMENT
GUWAHATI-6.
7:THE DEPUTY COMMISSIONER
SIVASAGAR
ASSAM.
8:SMTI SABITA HAZARIKA GOGOI
DO LATE RAMANI HAZARIKA
WIFE OF SRI PRANJU GOGOI
RO WARD NO 4 OF BOKAKHAT TOWN PO AND PS BOKAKHAT SUB
DIVISION BOKAKHAT PIN 785612 DIST-GOLAGHA
Advocate for the Petitioner : MR.H BURAGOHAIN, MR. A CHAMUAH,MS.M BORAH
Advocate for the Respondent : MS.P BARUA, MRS. A GAYAN,MR. R K D
CHOUDHURY,,ASSTT.S.G.I.,MS.R GOGOI,MR. S C KEYAL
WP(C)/7235/2015
RAJEN BAIRAGI
S/O LT. BETHARAM BAIRAGI VILL- GAURISAGAR P.O. GAURISAGAR DIST.
SIVASAGAR
ASSAM PIN - 785664
VERSUS
THE UNION OF INDIA and 6 ORS
REP. BY THE MINISTRY OF CULTURE GOVT. OF INDIA
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SHASTRI BHAWAN
NEW DELHI-110001.
2:THE SECRETARY TO THE GOVT. OF INDIA
DEPARTMENT OF CULTURAL AFFAIRS
NEW DELHI
SHASTRI BHAWAN
NEW DELHI-110001.
3:THE DIRECTOR GENERAL
ARCHAEOLOGICAL SURVEY OF INDIA
JANAPATH
NEW DELHI.
4:THE REGIONAL DIRECTOR ER
ARCHAEOLOGICAL SURVEY OF INDIA
I BBD BAGH CURRENCY BUILDING
KOLKATA.
5:THE SUPERINTENDENT OF ARCHAEOLOGICAL SURVEY
OF INDIA
GUWAHATI CIRCLE
GNB ROAD
AMBARI
GUWAHATI-1.
6:THE STATE OF ASSAM
REP. BY THE COMMISIONER and SECRETARY TO THE GOVT. OF ASSAM
REVENUE AND DISASTER MANAGEMENT DEPARTMENT
GUWAHATI-6.
7:THE DEPUTY COMMISSIONER
SIVASAGAR
ASSAM.
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Advocate for : MR.H BURAGOHAIN
Advocate for : GA
ASSAM appearing for THE UNION OF INDIA and 6 ORS
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BEFORE
HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
ORDER
17.07.2025
Heard Shri H Buragohain, learned counsel for the petitioners. Also heard Ms. A
Gayan, learned Central Government Counsel (CGC).
While Shri Buragohain, learned counsel for the petitioners has relied upon a
judgment dated 02.07.1990 of this Court passed in CR No.939/1983, learned CGC has
submitted that the judgment may not have an application inasmuch as, subsequent to
the said judgment, a Gazette notification has been issued putting certain restrictions
on constructions within a specified distance from the protected monument.
On the prayer of Ms. Gayan, learned CGC, the matter is adjourned by 2 weeks to
enable her to produce the relevant records wherein, an assessment has been made
that the construction in question is within the prohibited distance as per the Gazette
notification.
JUDGE
Comparing Assistant
