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Gauhati High Court
Page No.# 1/6 vs The Bodoland Territorial Council And 8 ... on 19 January, 2026
Page No.# 1/6
GAHC010239902025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WA/376/2025
GLOBAL MODERN ACADEMY AND ANR
REPRESENTED BY ITS SECRETARY, SRI BUDDHA BASUMATARY , AGED
ABOUT 44 YEARS, S/O- LT THUNTRA BASUMATARY, R/O- BIJNI, BIJNI
TOWN, WARD NO.3, AMGURI, P.O-BIJNI, DIST- CHIRANG, BTR, ASSAM.
2: THE PRINCIPAL GLOBAL MODERN ACADEMY
REPRESENTED BY SRI PRABIN BASUMATARY
AGED ABOUT 47 YEARS
S/O LT. BANU BASUMATARY
R/O BIJNI
BIJNI TOWN
WARD NO.3
AMGURI
P.O. BIJNI
DIST. CHIRANG
BTR
ASSAM
VERSUS
THE BODOLAND TERRITORIAL COUNCIL AND 8 ORS.
REPRESENTED BY THE PRINCIPAL SECRETARY, BODOLAND
SECRETARIAT COMPLEX, BODOFA NWGWR, KOKRAJHAR, ASSAM, 783370
2:THE SECRETARY
EDUCATION
BODOLAND SECRETARIAT COMPLEX
BODOFA NWGWR
KOKRAJHAR
ASSAM
783370.
3:THE SECRETARY
LAND REVENUE DISASTER MANAGEMENT
Page No.# 2/6
AND BODOLAND SECRETARIAT COMPLEX
BODOFA NWGWR
KOKRAJHAR
ASSAM
783370
4:THE JOINT SECRETARY
LAND REVENUE MANAGEMENT
DISASTER BODOLAND SECRETARIAT COMPLEX
BODOFA NWGWR
KOKRAJHAR
ASSAM
783370.
5:THE DIRECTOR
EDUCATION
BODOLAND TERRITORIAL COUNCIL
KOKRAJHAR
ASSAM
783370.
6:THE LAND ADVISORY COMMITTEE
BIJNI
DISTRICT-CHIRANG
BTR
ASSAM
783370.
7:THE INSPECTOR OF SCHOOLS
BIJNI DISTRICT CIRCLE
BIJNI
BTR
ASSAM
783390
8:THE CIRCLE OFFICER
BIJNI REVENUE CIRCLE
BIJNI
DISTRICT-CHIRANG
BTR
ASSAM
PIN 783390
9:THE PRESIDENT
BATHOU ASHRAM COMMUNITY HAINA NWGWR
Page No.# 3/6
BIJNI TOWN
WARD NO-3
AMGURI
PO- BIJNI
DISTRICT-CHIRANG
ASSAM
PIN 78339
For the appellants : Mr. K.N. Choudhury, Sr. Advocate
Mr. R. Majumdar, Advocate
For the respondents : Ms. N. Choudhury, S.C., BTC
Ms. N. Bordoloi, S.C., Revenue
Mr. F.U. Borbhuiya, Advocate for
Respondent No.9
-BEFORE-
HON'BLE THE CHIEF JUSTICE MR. ASHUTOSH KUMAR
HON'BLE MR. JUSTICE ARUN DEV CHOUDHURY
19-01-2026
(Ashutosh Kumar, C.J.)
A Village Grazing Reserve (hereinafter to be referred as 'VGR') land
was originally allotted to Bijni Town Swrang M.E. School in 1997 by the
Sub-Divisional Advisory Committee of Bijni. The school was run for some
time but it was closed down. Contemporaneously, the Managing
Committee of the school, referred to above, passed a resolution to
transfer the land and the building of the school to the appellant/Global
Modern Academy and also issued a No Objection Certificate for
formalising this arrangement.
The appellants started running the school under the name and style
of Global Modern Academy after receiving permissions and upgrades
Page No.# 4/6
from the department of Education under the Bodoland Territorial Council
(BTC).
In fact, the ongoing operation of the school was recognised by the
BTC.
However, sometimes in the year 2022, the Secretary of the BTC
issued an order allotting the same plot of land to the respondent No.9, a
body which is engaged in religious activity. This allotment, in fact,
tantamounts to cancellation of the earlier allotment of the land without
any formal approval from the Land Advisory Committee, which,
according to the appellants, is not permissible.
Being aggrieved, the appellants filed a writ petition [WP(C)
6497/2023] which was dismissed by the learned Single Judge vide order
dated 04.09.2025, upholding the allotment of the land to the respondent
No.9, notwithstanding a declaration in the impugned judgment that the
land in question is a VGR land and it is not permissible to allot the said
VGR land to any individual but the Rule could be relaxed for public
institutions. The learned Single Judge opined that the respondent No.9 is
a public institution and, therefore, the allotment of land, in question, to it
was not in breach of any statutory requirement.
Challenging the impugned judgment, Mr. K.N. Choudhury, learned
Senior Advocate for the appellant has argued that before doing that, a
formal cancellation order was necessary; more so, when the appellant
was permitted to run the school with all permissions in the past and
necessary upgrades required for running an educational institution.
Page No.# 5/6
However, we are at a different issue altogether, namely, whether
without de-reserving the VGR, any allotment could be made?
The records reveal that the first allotment to Bijni Town Swrang M.E.
School in 1997 was also conditional and it was subject to the approval of
the de-reservation proposal by the government.
There is no clarity in the records that whether such proposal of the
government has been approved and the VGR has been de-reserved,
which could only authorise the BTC to allot land to institutions.
The response of the respondents would be required for deciding the
issue.
Let notice be issued to the respondents.
Notice to respondent Nos.1 to 8 is accepted by Ms. N. Choudhury,
learned Advocate and notice to respondent No.9 is accepted by Mr.
F.U. Barbhuiya, learned Advocate.
Let this case come up for consideration on 25.02.2026, by which
time, the affidavits, if filed, ought to be exchanged.
We also deem it appropriate to implead the Assam State Revenue
Department as a party respondent.
Let the Assam State Revenue Department be added as respondent
No.10 in this appeal.
Mr. K.N. Choudhury, learned Senior Advocate shall furnish a fresh
memo of appeal in the Registry within a period of two days.
Page No.# 6/6
Notice to the newly impleaded respondent No.10 is accepted by
Ms. N. Bordoloi, learned Standing Counsel, Revenue.
The affidavit of the newly added respondent No.10 also need be
filed by the next date.
JUDGE CHIEF JUSTICE
Comparing Assistant
