GUWAHATI, India, Aug. 8 -- Gauhati High Court issued the following order on July 10:

Heard Mr. R. De, learned counsel for the petitioners. Also heard Mr. S.S. Roy, learned Government Advocate for the respondents.

The petitioners before this Hon'ble Court claim to be in possession of a plot of land measuring 1 Katha 5 Lechas covered by Dag No. 63 of old N.K. Patta No. 15. After the settlement operation, the said Dag was renumbered as Dag No. 690 by creating a new Patta No. 116 out of the old N.K. Patta No. 15. The original suit for declaration of right, title and interest along with a prayer for permanent injunction in respect of the said land was filed by the late husband of petitioner no. 1. Upon his demise, the present petitioners were substituted as legal heirs. The Court of Munsiff No. 2, Guwahati, upon deciding the matter in its finality and disposing of the suit, passed the following order :-

i. A decree of declaration is passed in favour of the plaintiff and against the defendant thereby declaring that the plaintiff has right, title and interest over the suit land and ii. A decree of permanent injunction is also passed in favour of the plaintiff and against the defendant restraining the defendant from selling the suit land.

The petitioners urged before this Court that, in spite of the order passed by the Munsiff No. 2 at Guwahati, the respondents have forcibly entered the land belonging to the petitioners and have threatened the writ petitioners to vacate the said premises. The power of attorney holder of the defendant in the suit, namely respondent no. 7, has filed a complaint before the Gosala Police Out Post, Maligaon, under Jalukbari Police Station against the writ petitioners, and the Officer-in-Charge, who is arrayed as respondent no. 6, has, without any authority of law, threatened the petitioners to vacate the said premises. In this context, petitioner no. 2 was also detained at the police station for several hours. Having no alternative the petitioners have represented before the Commissioner of Police by filing a complaint on 08.07.2025.

However, no such orders have been passed, and the petitioners continue to face harassment at the hands of respondents no. 6 and 7. Being aggrieved, the present writ petitioners have filed this petition before this Hon'ble Court.

Mr. S.S. Roy, learned Government Advocate appearing for the State, submits that he would like to obtain complete instructions in the matter. Accordingly, let notice be issued, returnable in 4 (four) weeks.

Since Mr. Roy appears on behalf of respondent nos. 1, 2, 3, 4, and 5, issuance of formal notice upon these respondents is hereby waived. However, the petitioners are directed to furnish extra copies of the writ petition for the said respondents within 1 (one) week from today

Steps for service of notice upon respondent nos. 6 and 7 shall be taken by the petitioners by registered post with A/D in the usual course within 1 (one) week from today.

In the meantime, the respondent authorities, including respondent nos. 6 and 7, are hereby restrained from interfering with the peaceful possession of the writ petitioners over the land covered by Dag No. 63 (Old)/690 (New) of N.K. Patta No. 15 (Old)/K.P. Patta No. 116 (New), without any authority of law.

List the matter again on 13.08.2025.

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