Page No.# 1/ vs The State Of Assam And 5 Ors (F)
2026 Latest Caselaw 2509 Gua

Gauhati High Court

Page No.# 1/ vs The State Of Assam And 5 Ors (F) on 20 March, 2026

Author: K.R. Surana

Bench: Kalyan Rai Surana

                                                             Page No.# 1/10

GAHC010160532024




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

                              Case No. : PIL/44/2024

         KAILEN DAOLAGUPU AND 13 ORS
         AGED ABOUT 63 YEARS
         S/O LATE DALEN DAOLAGUPU,
         R/O VILL -JOHAYA RAJI
         P.O/P.S-HAFLONG-788819,
         DISTRICT-DIMA HASAO, ASSAM.

         2: SHRI RINGPENDRA NUNISA

          AGED ABOUT 61 YEARS

         S/O LATE ROMANATH NUNISA

         R/O VILL -GADAIN RAJI
         NEAR CIRCUIT HOUSE

         P.O/P.S -HAFLONG - 788819
         DISTRICT - DIMA HASAO
         ASSAM.

         3: SHRI RAMESH THAOSEN

          AGED ABOUT 67 YEARS

         S/O LATE SOJEN THAOSEN

         R/O VILLAGE -DIBARAI

         P.O/P.S -HAFLONG - 788819
         DISTRICT - DIMA HASAO
         ASSAM

         4: SHRI KUMUD RANJAN KEMPRAI
                                 Page No.# 2/10

AGED ABOUT 65 YEARS

S/O LATE PADMANANDA KEMPRAI

R/O VILL - DIBARAI

P.O/P.S -HAFLONG - 788819
DISTRICT -DIMA HASAO
ASSAM.

5: SHRI SIDUT NAIDING
AGED ABOUT 40 YEARS

S/O SHRI SANTOSH NAIDING
R/O PHE COLONY
P.O -MAIBANG

P.S -MAIBANG - 788831
DISTRICT -DIMA HASAO
ASSAM.

6: SHRI PRAMITH SENGYUNG

AGED ABOUT 34 YEARS

S/O SHRI PRASANNA SENGYUNG

R/O VILL -DIBARAI

P.O/P.S -HAFLONG- 788819

DISTRICT -DIMA HASAO
ASSAM

7: SHRI NABIN JOHORISA

AGED ABOUT 38 YEARS

S/O LATE BHADRA KANTA JOHORI
R/O VILL - MAIJIAHADI

P.O -HAWAIPUR
 P.S -KHERONI -782446
 DISTRICT -WEST KARBI ANGLONG
ASSAM.

8: SHRI MAIRINGDAO JOHORI
                                   Page No.# 3/10

AGED ABOUT 32 YEARS

R/O MUNGTHAOMA NOHDRANG

P.O/P.S - MAIBANG - 788831

DISTRICT -DIMA HASAO
ASSAM.

9: SHRI UTTAM LANGTHASA

AGED ABOUT 38 YEARS

S/O SWADHIN LANGTHASA

R/O VILL -TOPODISA
P.O/P.S -HAFLONG -788819
DISTRICT -DIMA HASAO
ASSAM.

10: SHRI SURJYA THAOSEN

AGED ABOUT 57 YEARS

S/O LATE MAIKHANDAO THAOSEN

R/O VILL -SENGYA SAMBUDHAN RAJI

P.O/P.S -HAFLONG -788819

DISTRICT -DIMA HASAO
ASSAM.

11: SHRI SANJAY KUMAR BARMAN

AGED ABOUT 47 YEARS

S/O SHRI SADHURAJ BARMAN

R/O VILL -NORTH LADUMA
P.O -LANGLACHERRA
P.S- JOYPUR

DISTRICT -CACHAR
ASSAM -788108.

12: SHRI DEVID THAUSEN
                                              Page No.# 4/10

AGED ABOUT 45 YEARS
S/O LATE NIKHIL THAUSEN

R/O VILL -THALIGRAM
P.O - THALIGRAM
 P.S - UDHARBOND

DISTRICT -CACHAR
ASSAM - 788031.

13: SHRI DERINGDAO THAOSEN

AGED ABOUT 27 YEARS

S/O SHRI SURJYA THAOSEN

R/O VILL - SENGYA SAMBUDHAN
RAJI
P.O/P.S - HAFLONG
 DISTRICT - DIMA HASAO
ASSAM - 788819.

14: SHRI JAORINGDAO LANGTHASA

AGED ABOUT 22 YEARS

S/O SHRI HAMJANAN LANGTHASA

R/O NEAR GOVERNMENT GIRLS HS SCHOOL
P.O/P.S -HAFLONG

DISTRICT -DIMA HASAO
ASSAM -788819

VERSUS

THE STATE OF ASSAM AND 5 ORS (F)
REPRESENTED BY THE CHIEF SECRETARY, ASSAM,
DISPUR, GUWAHATI - 781006.

2:THE DIRECTOR GENERAL

ARCHAEOLOGICAL SURVEY OF INDIA

24
TILAK MARG
 NEW DELHI -110001.
                                                                        Page No.# 5/10

            3:THE DISTRICT COMMISSIONER

             CACHAR
             SILCHAR
             ASSAM -788001.

            4:THE SUPERINTENDING ARCHAEOLOGIST

             ARCHAEOLOGICAL SURVEY OF INDIA

            GUWAHATI CIRCLE
            AMBARI

            GNB ROAD
            GUWAHATI -781001.

            5:THE DIRECTOR OF SERICULTURE

             GOVERNMENT OF ASSAM

            KHANAPARA
            GUWAHATI - 22.

            6:THE CIRCLE OFFICER

             UDHARBAND REVENUE CIRCLE

            CACHAR
            ASSAM - 788030

Advocate for the Petitioner   : MR B D DAS, MR H K SARMA,MR J LOTHA,MR. D THAOSEN

Advocate for the Respondent : DY.S.G.I., GA, ASSAM




                                  BEFORE
                 HONOURABLE MR. JUSTICE KALYAN RAI SURANA
               HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND

                                         ORDER

Date : 20.03.2026 (K.R. Surana, J)

Heard Mr. B.D. Das, learned Senior Counsel assisted by Mr. D. Thaosen, Page No.# 6/10

learned counsel for the petitioners. Also heard Mrs. S. Sarma, learned Government Advocate appearing for respondents no. 1, 3 and 6; Mr. R.K.D. Choudhury, learned Deputy Solicitor General of India, representing respondents no. 2 and 4 and Mr. R. Dhar, learned Standing Counsel for the Sericulture Department of Government of Assam, representing respondent No. 5.

2. The learned Standing Counsel for the Sericulture Department has submitted that pursuant to the order passed earlier, an affidavit has been filed on behalf of respondent no. 5 by the Additional Director, Sericulture, Government of Assam, on 06.03.2023, inter-alia stating that in compliance with the order dated 18.11.2025, all necessary steps are being taken to vacate and shift all the assets of the sericulture farm standing on the Khaspur Rajbari land, further projecting that all the movable assets of the Government Collective Mulberry Garden, Eri Concentrated Center and Village Grazing Reserve have been shifted to other farms/centers under the Assistant Director of Sericulture, Cachar. He has submitted that for shifting the immovable properties from the site, auction is being proposed for which they require some time. So, it is submitted that the auction would be carried out through the Office of the District Commissioner, Cachar.

3. In view of the ensuing election which has been notified, this Court is inclined to provide some time to the Sericulture Department to do the needful. However, on the next date of listing, respondent no. 5 shall inform the Court about the then prevailing status of the issue of shifting.

4. In so far as the Deputy Commissioner, Cachar (respondent no. 3) is concerned, we take note of the contents of the affidavit filed by the respondent Page No.# 7/10

no. 3 on 27.10.2025 indicating, amongst others, that as per the report of the Assistant Settlement Officer, Udharbond Revenue Cricle, Udharbond, Cachar, an area of 120 Bigha 18 Katha 5 Chatak is recorded in the name of "Rajya Sarkar"

and in the remarks column of the Citha, the name of "Rajbari" has been mentioned. It is also stated that the said land has been demarcated in the presence of both parties.

5. There is no clarity in the said statement made in paragraph 3 of the affidavit-in-opposition as to who are the two parties. It is further mentioned that out of 120 Bigha 18 Katha 5 Chatak, 60 Bigha of land is in occupation of the Sericulture Department, which is within the boundary of the ancient monument and on the western side of the Sericulture Planation area, there is a Vishnu Temple at a distance of 42 meters and the Sericulture Plantation area starts at a distance of 16 meter from an ancient structure, locally known as Kali Temple.

6. Therefore, we find that there is no clarity in the said affidavit regarding the distance of the plantation area from the protected monument i.e. Kachari Ruins.

7. Be that as it may, the Registry of this Court is in receipt of a letter bearing No. URC.124/2012/Pt-I/7, which is available at Flag-X of the record. It would be appropriate to quote the contents of the said letter dated 16.10.2024, as the contents of the said letter are found to be contrary to the stand taken by the Additional Deputy Commissioner in the affidavit filed on 27.10.2025 which has been referred to hereinabove.

"With reference to the subject cited above, I have the honour to inform you Page No.# 8/10

that as per report of LR staff of this Circle, it appears from the Office record that the name of Alni Pathimara Tea Estate was recorded in the year 1918/19 under R. S. Patta No. 2, Dag No. 2 at Porgona- Udharbond, Mouza: Shiberbond where the present Khaspur Rajbari is situated.

That Sir, as per order of the then D.C. Cachar Dtd. 01-06-1932 (1931-32), from the recorded land of Alni Pathimara Tea Estate, an quantum of land measuring 1208- 18K-05Ch, falls under Dag no. 96 had been converted into Govt. Khas Land for KHASPUR RAJBARI and the order of which had been passed on 30-10-1934. In the

year 1954-55, the said quantum of land was brought under new 2 nd R.S. Dag No. 21 as it appears from the report of L R Staff (copy of LR staff enclosed for ready reference).

Further, The Baradwari and 2 (two) no. of small Temples have been found situated at Govt. Khas land covered by Dag No. 21 and out of 120B-18K-05Ch, a quantum of land measuring approx 60 (sixty) bighas which falls under Govt. Khas Dag No. 21 has been occupied by the Sericulture Department by way of tree plantation as per field verification report of L R Staff (copy enclosed).

Further, on verification of records, no evidence of transfer of land to the Sericulture Department was found except an entry in the "remarks" column (copy enclosed).

Moreover, it also appears from the field verification that (as per LR Staff report)

a small unfurnished dwelling house has been situated at 2 nd R.S. Patta No. 3, Dag No.

09 and a Snan Mandir is also situated at 2 nd R.S. Patta No. 3, Dag No. 19. The Singh

Darwaza has been situated at 2 nd R.S. Patta No. 3, Dag No. 13 and the Temple of Ranachandi has also been situated at Patta No. 3 covered by Dag No. 10. It is to be

mentioned that the recorded Pattadar of 2 nd R.S. Patta No. 3 is M/S Pathimara Tea Page No.# 9/10

Estate.

This is for favour of your kind perusal and necessary action."

8. It appears from the documents appended to the said letter dated 16.10.2024 that a patta has been issued in favour of M/S. Pathimara Tea Estate and from the illegible note appended thereto, it appears that a patta was issued sometime in 1935-36 with corrections in the Citha made on 07.05.1936.

9. In this regard, according to the learned Senior Counsel for the petitioners, vide Notification No. 2432G issued under Section 3(1) of the Ancient Monuments Preservation Act, 1904, the then Chief Commissioner had declared Kachari Ruins at Khaspur as a protected monument within the meaning of the said Act. Therefore, the appropriate authorities in the State would have to examine the legality of the patta issued to M/S. Pathimara Tea Estate. However, while examining so, it would be appropriate that the representatives of the concerned Tea Estate should also be heard by the appropriate authority of the State, so that principles of natural justice is duly followed.

10. The learned Senior Counsel for the petitioners has submitted that as per his instructions, no steps have been taken for the maintenance of the protected monument. In this regard, the learned Deputy Solicitor General of India has submitted that although he has no instructions, but it appears that if a part of the site is in the occupation of others, there may be some difficulty in carrying out the inspection of the protected monument.

11. Be that as it may, from the photographs appended to this PIL, the Page No.# 10/10

protected monument does not appear to be under encroachment. Therefore, the authorities will definitely accommodate entry of the Archaeological Survey of India and its Officers and Scientific Officers to inspect the said protected monument and take steps for its maintenance as per the protocol in force. It is made clear that the pendency of this PIL shall not be a bar for the Archaeological Survey of India and its concerned Circle to have an inspection of the protected monument conducted and take an appropriate decision with regard to the maintenance at the earliest possible.

12. The learned Deputy Solicitor General of India, the learned State and Department counsel, shall provide the updated status report on the next date of listing.

13. We request the learned Deputy Solicitor General of India, the learned State and Department counsel to communicate a downloaded copy of this order to the concerned authorities to bring the order to the notice of those concerned authorities.

14. List on 13.05.2026.

                                   JUDGE                  JUDGE


Comparing Assistant