Citation : 2026 Latest Caselaw 681 Gua
Judgement Date : 3 February, 2026
Page No.# 1/9
GAHC010166552025
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/4417/2025
SONALI DEURI
W/O- LATE DILIP KUMAR DEORI, R/O- WARD NO- 4, P.O AND P.S-
BIHPURIA, DIST-LAKHIMPUR, ASSAM, PIN-784161
VERSUS
THE STATE OF ASSAM AND ORS
REP BY THE TO BE REPRESENTED BY THE COMMISSIONER AND
SECRETARY TO THE GOVT. OF ASSAM, DEPARTMENT OF TRIBAL AFFAIRS
, JANATA BHAWAN, DISPUR, GUWAHATI-781006
2:THE DIRECTOR
OF WELFARE OF PLAIN TRIBES AND BACKWARD CLASSES
ASSAM RUKMINIGAON
P.O. DISPUR
GUWAHATI-781006.
3:THE ASSAM PLAIN TRIBES DEVELOPMENT CORPORATION LTD.
REPRESENTED BY ITS MANAGING DIRECTOR
GANESHGURI
GUWAHATI-781005
ASSAM
4:THE BRANCH MANAGER
BIHPURIA BRANCH OF ASSAM PLAINS TRIBES DEVELOPMENT
CORPORATION LTD.
DIST. LAKHIMPUR
ASSAM
PIN- 784161
5:THE COMMISSIONER AND SECRETARY
Page No.# 2/9
TO THE GOVERNMENT OF ASSAM PENSION AND PUBLIC GRIEVANCES
DEPARTMENT
DISPUR
GUWAHATI-781006.
6:THE DIRECTOR OF PENSION
ASSAM DISPUR
BASISTHAPUR
GUWAHATI
ASSAM
PIN- 781006.
7:THE PRINCIPAL SECRETARY
TO THE GOVERNMENT OF ASSAM FINANCE DEPARTMENT
DISPUR
GUWAHATI-781006
Advocate for the Petitioner : MR N SARMA, MS. B DAS
Advocate for the Respondent : GA, ASSAM, SC, FINANCE,SC, APTDC,SC, TRIBAL AFFAIRS
(PLAIN)
Linked Case : WP(C)/4353/2025
RAJESWARI PAYENG
W/O- LATE DEBESWAR PAYENG
VILL- BOIKUNTAPURI
P.O. KARKICHUK
P.S. AND DIST. MAJULI
ASSAM
PIN- 785104.
VERSUS
THE STATE OF ASSAM AND 6 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF ASSAM
TRIBAL AFFAIRS DEPARTMENT
DISPUR
GUWAHATI-781006.
Page No.# 3/9
2:THE DIRECTOR OF WELFARE OF PLAIN TRIBES AND BACKWARD
CLASSES
ASSAM
RUKMINIGAON
P.O. DISPUR
GUWAHATI-781006.
3:THE ASSAM PLAIN TRIBES DEVELOPMENT CORPORATION LTD.
REPRESENTED BY ITS MANAGING DIRECTOR
GANESHGURI
GUWAHATI-781005
ASSAM
4:THE BRANCH MANAGER
MAJULI BRANCH OF ASSAM PLAINS TRIBES DEVELOPMENT
CORPORATION LTD.
DIST. MAJULI
ASSAM
PIN- 785106.
5:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF
ASSAM
PENSIONA AND PUBLIC GRIEVANCES DEPARTMENT
DISPUR
GUWAHATI-781006.
6:THE DIRECTOR OF PENSION
ASSAM
DISPUR
BASISTHAPUR
GUWAHATI
ASSAM
PIN- 781006.
7:THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM
FINANCE DEPARTMENT
DISPUR
GUWAHATI-781006.
------------
Advocate for : MR N SARMA
Advocate for : GA
ASSAM appearing for THE STATE OF ASSAM AND 6 ORS
Linked Case : WP(C)/4415/2025
Page No.# 4/9
CHINAIBA DEURI
W/O- LATE TIKENDRA DEURI
R/O- BAHGORAH DEURI GAON
P.O AND P.S- BIHPURIA
DIST-LAKHIMPUR
ASSAM
PIN-784161
VERSUS
THE STATE OF ASSAM AND ORS
REP BY THE
TO BE REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVT. OF ASSAM
DEPARTMENT OF TRIBAL AFFAIRS
JANATA BHAWAN
DISPUR
GUWAHATI-781006
2:THE DIRECTOR
OF WELFARE OF PLAIN TRIBES AND BACKWARD CLASSES
ASSAM
RUKMINIGAON
P.O. DISPUR
GUWAHATI-781006.
3:THE ASSAM PLAIN TRIBES DEVELOPMENT CORPORATION LTD.
REPRESENTED BY ITS MANAGING DIRECTOR
GANESHGURI
GUWAHATI-781005
ASSAM
4:THE BRANCH MANAGER
BIHPURIA BRANCH OF ASSAM PLAINS TRIBES DEVELOPMENT
CORPORATION LTD.
DIST. LAKHIMPUR
ASSAM
PIN- 784161
5:THE COMMISSIONER AND SECRETARY
TO THE GOVERNMENT OF ASSAM
PENSION AND PUBLIC GRIEVANCES DEPARTMENT
DISPUR
GUWAHATI-781006.
Page No.# 5/9
6:THE DIRECTOR OF PENSION
ASSAM
DISPUR
BASISTHAPUR
GUWAHATI
ASSAM
PIN- 781006.
7:THE PRINCIPAL SECRETARY
TO THE GOVERNMENT OF ASSAM
FINANCE DEPARTMENT
DISPUR
GUWAHATI-781006.
------------
Advocate for : MR N SARMA
Advocate for : GA
ASSAM appearing for THE STATE OF ASSAM AND ORS
BEFORE
HON'BLE MR. JUSTICE RAJESH MAZUMDAR
ORDER
03.02.2026
Heard Mr N Sarma, learned counsel appearing for the writ petitioners.
2. This matter was listed today under the column, "For Referral to the Special Mediation Drive-Mediation 'For the Nation'" as per the Standard Operating Procedure (SOP) as approved by the Executive Chairman, National Legal Services Authority (NALSA) and Chairman, Mediation and Conciliation Project Committee (MCPC) for the Campaign - Mediation 'For the Nation'.
3. The aforesaid Standard Operating Procedure reads as under:-
Page No.# 6/9
"ANNEXURE-A
The Standard Operating Procedure as approved by the Hon'ble Executive Chairman NALSA and Chairman, MCPC for the Campaign-Mediation 'For the Nation'.
1. TIME LINE
1st JULY TO 31st JULY- Case Identification, Information to parties and referral to Mediators. (Note-Efforts for mediation will begin soon after referral to Mediator)
July 2025- VC of His Lordship Hon'ble Justice Surya Kant with Chief Justices and Members of Mediation Monitoring Committees of all High Courts of India. (Date of VC will be communicated in due course)
31-7-2025- Transmission of data to MCPC by all the High Courts as to total matters pending as well as referred to mediation under each category in the State on the dedicated email id (dedicated email id will be shared to all High Courts in due course)
4th, 11th, 18th, 25th August and 1st , 8th , 15th and 22nd September 2025 - Transmission of data as to matter settled through mediation to the MCPC by the SLSA on the dedicated email.
6-10-2025- Transmission of data as to total matters referred to Mediation and total matters settled to the MCPC by the High Court on the dedicated email (format is given in this SOP-Annexure A)
7th October 2025- Press Release by each SLSA/Mediation Monitoring Committee of the High Court
Action by the High Court/District Court/Taluka Court
2. All matters having elements of settlement including matters pending under each of the following categories may be referred for mediation.
MATRIMONIAL DISPUTES CASES, ACCIDENT CLAIMS CASES, DOMESTIC VIOLENCE CASES, CHEQUE BOUNCE CASES, Page No.# 7/9
COMMERCIAL DISPUTES CASES SERVICE MATTERS CASES, CRIMINAL COMPOUNDABLE CASES, CONSUMER DISPUTES CASES, DEBT RECOVERY CASES, PARTITION CASES, EVICTION CASES, LAND ACQUISITION CASES, OTHER SUITABLE CIVIL CASES
3. High Courts and District Courts may identify suitable cases from their database irrespective of the date fixed in the matter. For notice/intimation to the parties, the Courts may list them in the Cause list from 01-07-2025 to 31-07-25 under the Heading -"For Referral to the Special Mediation Drive-Mediation 'For the Nation'.
4. All such matters should be referred in which there exists an element of settlement.
5. Referral order should contain first date of mediation as well as mobile number and email id of the coordinator of the Mediation Centre where the parties are to appear for settlement efforts.
Action by SLSA/DLSA/TLSC/Mediation Centre
6. All existing Mediators including the Mediators who have undergone 40 Hours Mediation Training recently shall be involved in this Campaign and matters shall be marked to them.
7. Mediation settlement efforts shall be made on all 7 days of the week as per the convenience of the parties.
8. Parties willing to appear online shall be allowed to appear online.
9. Mediation may be completely in offline mode (physical mode), completely in online mode or in Hybrid mode.
10. Taluka or District Legal Services Authority shall facilitate Page No.# 8/9
online mediation.
11. Help of counselors, subject matter experts may be taken in the special campaign wherever required.
12. Entire data of cases settled shall be transmitted to the MCPC in tabular chart containing case no., name of the parties, Referral Court's name, category/nature of the case, name of the mediator, first mediation date and final result date.
Referral Category/ First date Final
Case Parties'
Sl.No Court's Nature of Mediator of Result
No. Name
Name Case mediation Date
Action by SLSA/High Court Mediation Monitoring Committee
13. Wide publicity in the print and electronic media should be given to this Mediation Campaign-Mediation 'For the Nation' by the SLSA/High Court Mediation Monitoring committee in regional languages also. The SLSA/High Court Mediation Monitoring Committee may get the campaign document and all other relevant materials translated in to the regional languages of the State.
14. Mediation Monitoring Committee of the High Court may monitor the mediation campaign to ensure its success.
15. Concerned High Court may make its own strategy for ensuring success of this campaign.
Action by Secretary MCPC
16. MCPC shall request the NJA Bhopal to conduct intensive study on all aspects of the campaign including its impact in association with such National Law Universities which It deems fit.
17. MCPC shall inform the Secretary to the Government of India about this campaign."
4. Pertinent that prior to listing of the said matter in terms of the aforesaid SOP, the cases suitable for referral to the Mediation Centre Page No.# 9/9
were identified and thereafter, the parties were notified through their Legal Counsels for taking their consent for referring the case for mediation as per the SOP.
5. The instant writ petition being one of such case has been listed today in order to ascertain whether the parties are agreeable and willing for referring the instant case for mediation.
6. However, when the matter is called today, learned counsels for the party submits that though pursuant to the notice received from the Registry of this Court in terms of the aforesaid SOP, they have communicated the same to their respective clients, however, the clients are unwilling and un-agreeable to refer the matter for mediation.
7. The learned counsel for the petitioner has submitted that he would like to file an affidavit-in-reply in the matter.
8. List the matter on 24th of February, 2026.
JUDGE
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