Page No.# 1/4 vs The State Of Assam And 5 Ors
2025 Latest Caselaw 8305 Gua

Gauhati High Court

Page No.# 1/4 vs The State Of Assam And 5 Ors on 4 November, 2025

                                                                 Page No.# 1/4

GAHC010174692023




                                                          undefined

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

                             Case No. : WP(C)/4609/2023

         SUBHAM DAS AND 5 ORS
         S/O- SUSANKAR DAS ,
         R/O- MAISAM GAON, BARPATHAR,
         P.O- RAJAGAON BARPANI,
         P.S- KACHUA,
         DIST- NAGAON, ASSAM

         2: DIPANKAR SAHA
          S/O- JUSHNA SAHA

         R/O- MAISAM GAON
         BARPATHAR

         P.O- RAJAGAON BARPANI

         P.S- KACHUA

         DIST- NAGAON
         ASSAM

         3: PADHYANDRA PAL
          S/O- LATE KASHI NATH PAL

         R/O- MAISAM GAON
         BARPATHAR

         P.O- RAJAGAON BARPANI

         P.S- KACHUA

         DIST- NAGAON
         ASSAM

         4: SADIP SARKAR
                                                       Page No.# 2/4

S/O- BINAY SARKAR

R/O- LENGERI
BARPATHAR

P.O- RAJAGAON BARPANI

P.S- KACHUA

DIST- NAGAON
ASSAM

5: BABUL BARMAN
 S/O- KHITISH BARMAN

R/O- MAISAM GAON
BARPATHAR

P.O- RAJAGAON BARPANI

P.S- KACHUA

DIST- NAGAON
ASSAM

6: MITHUN NANDI
 S/O- KANULAL NANDI

R/O- MAISAM GAON
BARPATHAR

P.O- RAJAGAON BARPANI

P.S- KACHUA

DIST- NAGAON
ASSA

VERSUS

THE STATE OF ASSAM AND 5 ORS
REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM,
DISPUR, GUWAHATI-6

2:THE PRINCIPAL SECRETARY
 KARBI ANGLONG AUTONOMOUS COUNCIL

DIPHU
                                                                        Page No.# 3/4

             KARBI ANGLONG
             ASSAM
             PIN-782460

            3:THE COMMISSIONER OF TAXES
             DEPARTMENT OF TAX
             KAR BHAWAN
             DISPUR
             GUWAHATI-05
            ASSAM

            4:THE SUPERINTENDENT OF TAXES
             KARBI ANGLONG AUTONOMOUS COUNCIL
             DIPHU
             KARBI ANGLONG
            ASSAM
             PIN-782460

            5:THE DEPUTY COMMISSIONER OF TAXES
             KARBI ANGLONG AUTONOMOUS COUNCIL
             DIPHU
             KARBI ANGLONG
            ASSAM
             PIN-782460

            6:THE DEPUTY COMMISSIONER
             NAGAON
            ASSAM
             PIN-78200

Advocate for the Petitioner   : MR A SHARMA, MR I AHMED,MR G BAISHYA

Advocate for the Respondent : GA, ASSAM, SC, TAXES,SC, K A A C




                                   BEFORE
                   HONOURABLE MR. JUSTICE RAJESH MAZUMDAR

                                        ORDER

Date : --04.11. 2025

Heard Mr. G. Baishya, learned counsel appearing for the petitioner. Also

heard Mr. J. Chutiya, learned standing counsel appearing for Karbi Anglong Page No.# 4/4

Autonomous Council as their Standing Counsel, Mr. B. Gogoi, learned counsel

appears for the Department of Taxes and Ms. N. Barman, learned Counsel

appears for the respondent No. 6.

2. After the matter is heard at some length, and when this Court has taken

up the matter for disposal, Mr. J. Chuitia, learned standing counsel, appearing

for the respondent No. 2 has raised an objection on the maintainability of the

writ petition on the ground that the Karbi Anglong Autonomous Council has not

been arrayed as a party respondent in the writ petition and therefore, no

effective orders qua the Karbi Anglong Autonomous Council, can be passed in

these proceedings. He has submitted that he would be placing the judgments to

support his contentions and also file his written arguments on the issue.

3. List this matter again on 28.11.2025 to enable Mr. Chuita, to file his

written arguments and the case law sought to be cited by him.

JUDGE

Comparing Assistant