Gauhati High Court
Page No.# 1/15 vs District Commissioner on 22 September, 2025
Author: Devashis Baruah
Bench: Devashis Baruah
Page No.# 1/15
GAHC010080522025
2025:GAU-AS:13119
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : CRP/51/2025
POWER GRID CORPORATION OF INDIA LTD
NER BADARPUR GHAT, P.O. BADARPUR GHAT, P.S. PANCHGRAM,
HAILAKANDI, ASSAM 788806
VERSUS
DISTRICT COMMISSIONER, HAILAKANDI
Hailakandi, ASSAM
2:SAHAB UDDIN LASKAR
S/O LT MOSAIN ALI LASKAR VILL MATIJURI PS AND DIST HAILAKANDI
ASSA
Advocate for the Petitioner : MR. R SHARMA, MR. D DEKA
Advocate for the Respondent : GA, ASSAM,
Linked Case : CRP/37/2025
POWER GRID CORPORATION OF INDIA LIMITED
NER
BADARPUR GHAT
P.O.- BADARPUR GHAT
P.S.- PANCHGRAM
DIST- HAILAKANDI
PIN-788806
ASSAM
REPRESENTED BY THE CHIEF MANAGER NAMELY SHRI NINGTHOUJAM
Page No.# 2/15
MANTOSH SINGH
AGED ABOUT 43 YEARS
VERSUS
THE DISTRICT COMMISSIONER
HAILAKANDI AND ANR
DIST- HAILAKANDI
2:MIRINA BEGUM BARBHUIYA
D/O LATE ARJOMOND ALI BARBHUIYA
VILL- BAHADURPUR PART-II
P.S. AND DIST- HAILAKANDI
ASSAM
------------
Advocate for : N KHERA
Advocate for : GA
ASSAM appearing for THE DISTRICT COMMISSIONER
HAILAKANDI AND ANR
Linked Case : CRP/56/2025
POWER GRID CORPORATION OF INDIA LTD
NER BADARPUR GHAT
P.O. BADARPUR GHAT
P.S. PANCHGRAM
HAILAKANDI
ASSAM
PIN-788806. REPRESENTED BY THE CHIEF MANAGER
NAMELY SHRI NINGTHOUJAM MANTOSH SINGH
AGED ABOUT 43 YEARS
VERSUS
DISTRICT COMMISSIONER
HAILAKANDI AND ANR
ASSAM
2:BAHARUL ISLAM LASKAR
S/O LATE ABDUL JALIL LASKAR
VILL- LAKHINAGAR PART-I
P.S. AND DIST- HAILAKANDI
ASSAM
------------
Page No.# 3/15
Advocate for : MR. R SHARMA
Advocate for : GA
ASSAM appearing for DISTRICT COMMISSIONER
HAILAKANDI AND ANR
Linked Case : CRP/63/2025
POWER GRID CORPORATION OF INDIA LIMITED
NER BADARPUR GHAT
P.O.- BADARPUR GHAT
P.S.- PANCHGRAM
DIST- HAILAKANDI
PIN-788806
ASSAM
REPRESENTED BY THE CHIEF MANAGER
NAMELY SHRI NINGTHOUJAM MANTOSH SINGH
AGED ABOUT 43 YEARS
VERSUS
DISTRICT COMMISSIONER
HAILAKANDI AND ANR
ASSAM
2:MAHMUDUR RAHMAN BARBHUIYA
S/O LIAKOT ALI BARBHUIYA
VILL- BONDUKMARA
P.O.- RATANPUR
P.S. AND DIST- HAILAKANDI
ASSAM
------------
Advocate for : MR. R SHARMA
Advocate for : GA
ASSAM appearing for DISTRICT COMMISSIONER
HAILAKANDI AND ANR
Linked Case : CRP/52/2025
POWER GRID CORPORATION OF INDIA LTD
NER BADARPUR GHAT
P.O. BADARPUR GHAT
P.S. PANCHGRAM
HAILAKANDI
Page No.# 4/15
ASSAM
VERSUS
DISTRICT COMMISSIONER
HAILAKANDI
HAILAKANDI ASSAM
2:MUST NUR KHATUN LASKAR
WIFE OF ABDUL RAHIM LASKAR VILL BAHADURPUR PART II PS AND DIST
HAILAKANDI ASSAM
------------
Advocate for : N KHERA
Advocate for : GA
ASSAM appearing for DISTRICT COMMISSIONER
HAILAKANDI
Linked Case : CRP/64/2025
POWER GRID CORPORATION OF INDIA LIMITED
NER BADARPUR GHAT
P.O.- BADARPUR GHAT
P.S.- PANCHGRAM
DIST- HAILAKANDI
PIN-788806
ASSAM
REPRESENTED BY THE CHIEF MANAGER
NAMELY SHRI NINGTHOUJAM MANTOSH SINGH
AGED ABOUT 43 YEARS
VERSUS
DISTRICT COMMISSIONER
HAILAKANDI AND ANR
ASSAM
2:MD. ABDUR NUR CHOUDHURY
S/O LATE ASMAN ALI CHOUDHURY
VILL- BASHBARI-I
P.S.- ALGAPUR
DIST- HAILAKANDI
ASSAM
------------
Advocate for : MR. R SHARMA
Page No.# 5/15
Advocate for : GA
ASSAM appearing for DISTRICT COMMISSIONER
HAILAKANDI AND ANR
Linked Case : CRP/39/2025
POWER GRID CORPORATION OF INDIA LIMITED
NER
BADARPUR GHAT
P.O.- BADARPUR GHAT
P.S.- PANCHGRAM
DIST- HAILAKANDI
PIN-788806
ASSAM
REPRESENTED BY THE CHIEF MANAGER NAMELY SHRI NINGTHOUJAM
MANTOSH SINGH
AGED ABOUT 43 YEARS
VERSUS
THE DISTRICT COMMISSIONER
HAILAKANDI AND 3 ORS.
DIST- HAILAKANDI
2:FOKRUL ISLAM BARBHUIYA
S/O LATE ARJOMOND BARBHUIYA
VILL- BAHADURPUR PART-II
P.S. AND DIST- HAILAKANDI
ASSAM
3:DILWAR HUSSAIN BARBHUIYA
S/O LATE ARJOMOND BARBHUIYA
VILL- BAHADURPUR PART-II
P.S. AND DIST- HAILAKANDI
ASSAM
4:MD. SHIRUL ISLAM BARBHUIYA
S/O LATE ARJOMOND BARBHUIYA
VILL- BAHADURPUR PART-II
P.S. AND DIST- HAILAKANDI
ASSAM
------------
Advocate for : N KHERA
Advocate for : GA
ASSAM appearing for THE DISTRICT COMMISSIONER
Page No.# 6/15
HAILAKANDI AND 3 ORS.
Linked Case : CRP/55/2025
POWER GRID CORPORATION OF INDIA LIMITED
NER BADARPUR GHAT
P.O. BADARPUR GHAT
P.S. PANCHGRAM
HAILAKANDI
ASSAM
PIN-788806. REPRESENTED BY THE CHIEF MANAGER
NAMELY SHRI NINGTHOUJAM MANTOSH SINGH
AGED ABOUT 43 YEARS
VERSUS
DISTRICT COMMISSIONER
HAILAKANDI AND ANR
ASSAM
2:HILAL UDDIN BARBHUIYA
S/O LATE HORUDHAN ALI BARBHUIYA
VILL- LAKSHMINAGAR R/A
P.S. AND DIST- HAILAKANDI
ASSAM
------------
Advocate for : MR. R SHARMA
Advocate for : GA
ASSAM appearing for DISTRICT COMMISSIONER
HAILAKANDI AND ANR
Linked Case : CRP/36/2025
POWER GRID CORPORATION OF INDIA LIMITED
NER
BADARPUR GHAT
P.O.- BADARPUR GHAT
P.S.- PANCHGRAM
DIST- HAILAKANDI
PIN-788806
ASSAM
REPRESENTED BY THE CHIEF MANAGER NAMELY SHRI NINGTHOUJAM
MANTOSH SINGH
Page No.# 7/15
AGED ABOUT 43 YEARS
VERSUS
THE DISTRICT COMMISSIONER
HAILAKANDI AND ANR
HAILAKANDI
DIST- HAILAKANDI
2:ON THE DEATH OF MD. JAYNUL ISLAM BARBHUIYA HIS LEGAL HEIR
NAMELY-
2.1:MASUMA KHANAM BARBHUIYA
W/O LATE JAYNUL ISLAM BARBHUIYAN
VILLAGE- BAHADURPUR PART-II
P.O.- BROJAPUR PART-I
P.S. AND DIST- HAILAKANDI
ASSAM
------------
Advocate for : N KHERA
Advocate for : GA
ASSAM appearing for THE DISTRICT COMMISSIONER
HAILAKANDI AND ANR
Linked Case : CRP/38/2025
POWER GRID CORPORATION OF INDIA LIMITED
NER
BADARPUR GHAT
P.O.- BADARPUR GHAT
P.S.- PANCHGRAM
DIST- HAILAKANDI
PIN-788806
ASSAM
REPRESENTED BY THE CHIEF MANAGER NAMELY SHRI NINGTHOUJAM
MANTOSH SINGH
AGED ABOUT 43 YEARS
VERSUS
THE DISTRICT COMMISSIONER
HAILAKANDI AND ANR
DIST- HAILAKANDI
Page No.# 8/15
2:SURMA BEGUM BARBHUIYA
D/O LATE ARJOMOND ALI BARBHUIYA
VILL- BAHADURPUR PART-II
P.S. AND DIST- HAILAKANDI
ASSAM
------------
Advocate for : N KHERA
Advocate for : GA
ASSAM appearing for THE DISTRICT COMMISSIONER
HAILAKANDI AND ANR
Linked Case : CRP/53/2025
POWER GRID CORPORATION OF INDIA LTD
NER BADARPUR GHAT
P.O. BADARPUR GHAT
P.S. PANCHGRAM
HAILAKANDI
ASSAM REPRESENTED BY THE CHIEF MANAGER
NAMELY SHRI NINGTHOUJAM MANTOSH SINGH
AGED ABOUT 43 YEARS
VERSUS
STATE OF ASSAM AND 3 ORS.
REPRESENTED BY THE CHIEF SECRETARY
GOVERNMENT OF ASSAM
DISPUR
2:COLLECTOR
HAILAKANDI
DIST
P.O. AND P.S.- HAILAKANDI
3:LAND ACQUISITION OFFICER
HAILAKANDI
ASSAM
4:PINAK PANI NATH
S/O LATE MONI BUSHAN NATH
VILL- LAKHMINAGAR PART-1
P.S. AND DIST- HAILAKANDI
ASSAM
------------
Advocate for : MR. R SHARMA
Page No.# 9/15
Advocate for : GA
ASSAM appearing for STATE OF ASSAM AND 3 ORS.
Linked Case : CRP/54/2025
POWER GRID CORPORATION OF INDIA LTD
NER BADARPUR GHAT
P.O. BADARPUR GHAT
P.S. PANCHGRAM
HAILAKANDI
ASSAM. REPRESENTED BY THE CHIEF MANAGER
NAMELY SHRI NINGTHOUJAM MANTOSH SINGH
AGED ABOUT 43 YEARS
VERSUS
DISTRICT COMMISSIONER
HAILAKANDI AND ANR
ASSAM
2:MD. ABDUL RAHIM LASKAR
S/O LATE KURMAN ALI LASKAR
VILL- BAHADURPUR PART-II
P.S. AND DIST- HAILAKANDI
ASSAM
------------
Advocate for : MR. R SHARMA
Advocate for : GA
ASSAM appearing for DISTRICT COMMISSIONER
HAILAKANDI AND ANR
Linked Case : CRP/41/2025
POWER GRID CORPORATION OF INDIA LIMITED
NER
BADARPUR GHAT
P.O.- BADARPUR GHAT
P.S.- PANCHGRAM
DIST- HAILAKANDI
PIN-788806
ASSAM
REPRESENTED BY THE CHIEF MANAGER NAMELY SHRI NINGTHOUJAM
MANTOSH SINGH
Page No.# 10/15
AGED ABOUT 73 YEARS
VERSUS
THE DISTRICT COMMISSIONER
HAILAKANDI AND ANR
DIST-HAILAKANDI
2:MD. KAMRUL ISLAM BARBHUIYA
S/O LATE ARJOMOND ALI BARBHUIYA
VILL- BAHADURPUR PART-II
P.S. AND DIST- HAILAKANDI
ASSAM
------------
For the Petitioner(s) : Mr. A. Kr. Sharma, Sr. Advocate
Mr. R. Sharma, Sr. Advocate
Mr. N. Khera, Advocate
For the Respondent(s) : Ms. U. Das, Addl. Sr. Govt. Advocate
Mr. P.K. Roychoudhury, Advocate
Mr. H.I. Choudhury, Advocate
BEFORE
HONOURABLE MR. JUSTICE DEVASHIS BARUAH
ORDER
Date : 22.09.2025
Heard Mr. Amit Kumar Sharma and Mr R. Sharma, the learned
Senior Counsels assisted by Mr. N. Khera, the learned counsel
appearing on behalf of the petitioner in the present batch of
applications. I have also Heard Mr. P.K. Roychoudhury, the
learned counsel representing the private respondents in the
present batch of applications and Ms. U. Das, the learned Senior
Government Advocate appearing on behalf of the State of
Page No.# 11/15
Assam.
CRP/51/2025
2. This application was filed on 05.04.2025 challenging the
judgment dated 12.04.2023 passed in Misc (P.G.) Case No.
16/2017 by the learned Court of the Additional District Judge,
Hailakandi.
CRP/36/2025
3. This application was filed on 16.12.2024 challenging the
judgment dated 04.11.2023 passed in Misc (P.G) Case No.
05/2018 by the learned Court of the Additional District Judge,
Hailakandi.
CRP/37/2025; CRP/38/2025 & CRP/41/2025
4. These applications were filed on 16.12.2024 challenging the
common judgment dated 23.11.2023 passed in Misc (P.G.) Case
No. 08/2018; Misc (P.G.) Case No. 07/2018 and Misc (P.G.) Case
No. 03/2018 respectively by the learned Court of the Additional
District Judge, Hailakandi.
CRP/39/2025
5. This application was filed on 16.12.2024 challenging the
common judgment dated 16.08.2023 passed in Misc (P.G.) Case
No. 02/2018; Misc (P.G.) Case No. 04/2018 and Misc (P.G.) Case
Page No.# 12/15
No. 06/2018 respectively by the learned Court of the Additional
District Judge, Hailakandi.
CRP/52/2025
6. This application was filed on 05.04.2025 challenging the
judgment dated 28.03.2023 passed in Misc (P.G.) Case No.
22/2016 by the learned Court of the Additional District Judge,
Hailakandi.
CRP/53/2025
7. This application was filed on 05.04.2025 challenging the
judgment dated 13.07.2022 passed in Misc (P.G.) Case No.
04/2016 by the learned Court of the Additional District Judge,
Hailakandi.
CRP/54/2025
8. This application was filed on 05.04.2025 challenging the
judgment dated 25.07.2023 passed in Misc (P.G.) Case No.
23/2016 by the learned Court of the Additional District Judge,
Hailakandi.
CRP/55/2025
9. This application was filed on 05.04.2025 challenging the
judgment dated 12.08.2022 passed in Misc (P.G.) Case No.
31/2016 by the learned Court of the Additional District Judge,
Page No.# 13/15
Hailakandi.
CRP/56/2025 & CRP/63/2025
10. These applications were filed on 21.04.2025 challenging the
common judgment dated 29.09.2022 passed in Misc (P.G.) Case
No. 09/2015 and Misc (P.G.) Case No. 75/2015 respectively by
the learned Court of the Additional District Judge, Hailakandi.
CRP/64/2025
11. This application was filed on 21.04.2025 challenging the
judgment dated 22.11.2022 passed in Misc (P.G.) Case No.
15/2018 by the learned Court of the Additional District Judge,
Hailakandi.
12. In the present batch of applications, the petitioner herein
has assailed the judgments passed by the learned Court of the
Additional District Judge, Hailakandi in proceedings arising
under Section 16 of the Indian Telegraph Act, 1885 (for short,
"the Act of 1885"). In the said judgments, the additional
compensation have been awarded to the private respondents.
13. The learned Senior Counsels who represents the petitioner
in the present batch of applications have submitted that there
were various evidences which the petitioner ought to have
adduced before the learned Court of the Additional District and
Sessions Judge, Hailakandi which would categorically show that
Page No.# 14/15
the private respondents have received the amounts without
protest and in full satisfaction. However, on account of certain
communication gap, the said evidences could not be laid before
the learned Court before whom the proceedings under Section
16 of the Act of 1885 were being conducted. In addition to that,
the learned Senior Counsels also raised the plea of limitation
and submitted that the same were not argued which though
were raised in the said proceedings by filing written statements.
14. The grounds and reasons on which the present applications
have been filed i.e., no evidence could be led or no arguments
being made on the question of limitation were not brought to
the notice of the learned Court before whom the proceedings
under Section 16 of the Act of 1885 were taken up.
15. It is the opinion of this Court that the jurisdiction under
Article 227 of the Constitution of India is a limited jurisdiction to
exercise supervisory jurisdiction and this Court cannot go into
those questions not urged or even appreciate any new
evidence, unless, the same were a part of the original
proceedings.
16. The learned Senior Counsels appearing on behalf of the
petitioner in the present batch of applications therefore
submitted that in that view of the matter the petitioner instead
Page No.# 15/15
of pursuing the present applications would be well advised to
file appropriate applications before the learned Court of the
Additional District Judge, Hailakandi seeking review/recall or
modification of such judgments, taking into account that certain
facts which were vital for the adjudication of the proceedings
could not be placed before the learned Court on account of the
earlier set of counsels having not placed the same.
17. Taking into account the above, this Court therefore closes
the instant batch of applications on withdrawal, without
prejudice to the petitioner to approach the learned Court of the
Additional District Judge, Hailakandi seeking review/recall or
modification of the judgments so passed under Section 16 of
the Act of 1885.
18. The period during which the instant proceedings were
pending before this Court shall be excluded while computing the
period of limitation.
JUDGE
Comparing Assistant
