The Gauhati High Court has kept in abeyance an order directing Mouchak Agro LLP to surrender possession of over 211 bighas of land in Assam, holding that the State Government must first decide the landowner’s pending statutory appeal.
Justice Manish Choudhury passed the order on August 20, 2026, in a writ petition concerning land at Rajabali Bagan under the Morangi Revenue Circle in Golaghat district.
Background
The dispute concerns 211 Bighas, 1 Katha and 19 Lessas of land. On May 6, 2026, the District Commissioner, Golaghat, acting as a person authorised by the State Government, passed an order under Section 3(1) of the Assam Land [Requisition and Acquisition] Act, 1964, requisitioning the land for setting up an Industrial Estate of Numaligarh Refinery Limited.
Mouchak Agro LLP challenged that order before the State Government under Section 3(3) of the 1964 Act on May 29, 2026. While that appeal remained pending, another order dated July 28, 2026 was issued under Section 4(1), directing the petitioner to surrender or deliver possession within ten days.
The State Government later confirmed before the High Court that the appeal had not yet been decided.
The High Court noted that Section 3(3) gives an affected person a substantive right to appeal against a requisition order passed by an authorised authority. The Court observed that such a statutory right cannot be rendered ineffective while the appeal is still awaiting a decision.
" A right to appeal under Section 3[3] is a substantive right afforded to a landowner or a person interested in the land sought to be requisitioned."
The Court also explained the distinction between requisition and acquisition. While acquisition involves transfer of title, requisition generally involves taking possession or control of property without transferring ownership.
Justice Choudhury held that continuing with the possession order before the State Government decided the statutory appeal could affect the petitioner’s rights, particularly if possession were taken and the character of the land changed before the appeal was decided.
The High Court therefore directed the State Government to decide the appeal dated May 29, 2026 as expeditiously as possible after giving the appellant an opportunity of hearing.
The July 28, 2026 order under Section 4(1) was kept in abeyance until the State Government decides the appeal. The parties were also directed to maintain the existing status quo concerning the disputed land.
The writ petition was accordingly disposed of, with no order as to costs.
Case Details
- Case Title: Mouchak Agro LLP v. The State of Assam and 5 Ors.
- Case Number: WP(C)/4268/2026
- Judge: Justice Manish Choudhury
- Decision Date: 20 August 2026
