Authority: Supreme Court of India, Civil Appellate Jurisdiction

Order Date: 14-07-2026

Case Overview

  • Parties: Appellant – The Marwari Panchayat, Nagaon (Gopal Gaushala); Respondents – Khagorijan Anchalik Krishak Suraksha Samiti & Others.
  • Origin: Appeal (Civil Appeal No. ______ of 2026) arising out of SLP(Civil) No.23621/2023, challenging the Gauhati High Court judgment (WA No. 74/2018 dated 21-06-2023).
  • Land Details: 75 bighas of land situated in Majorati VGR, Nizsahar Mouza, District‑Nagaon, Assam, intended for establishing a gaushala.
  • Allotment Timeline: Deputy Commissioner proposed allotment on 11‑09‑1970; State Government approved on 06‑10‑1970. Possession delivered to appellant on 02‑04‑1971 (Annexure P‑7). De‑reservation order issued on 15‑11‑1972.
  • Writ Petition: Filed in 2011, i.e., after 40‑41 years from the original allotment. The sole ground for delay was that the appellant began asserting rights only in 2010.
  • High Court Reasoning: Allowed the writ petition on the basis that Rule 95A of the Assam Land and Revenue Regulation, 1886 (Grazing Rules) was not complied with because de‑reservation occurred before proper reservation of the land as grazing ground.
  • Counsel: For appellant – Mr. Vijay Hansaria (Senior Counsel), Mr. Abhinav Hansaria, Ms. Nandini Rai, Mr. Aashay Shukla. For respondent No.1 – Mr. Tapan Ranjan Deuri. For the State – Mr. Debojit Borkakati. Additional counsel listed for respondents.

Legal Reasoning by the Supreme Court

  • Procedural Requirements under Grazing Rules: Rule 95A mandates that before de‑reservation, the land must first be formally reserved as grazing ground, which involves a survey, demarcation, publication of a notice of the government’s proposal, hearing of objections, and a declaration under Rule 91.
  • Rule 91 Excerpt: "Declaration of grazing grounds – As soon as the cost of demarcation has been deposited the Deputy Commissioner shall cause to be published … a final notice declaring the land to be allotted as grazing ground…"
  • Evidence Gap: The Court found no documentary evidence indicating that the subject land was ever declared as grazing ground prior to the 1972 de‑reservation order. The de‑reservation appears to have been a reaction to villagers’ objections rather than a procedural compliance.
  • Delay Consideration: The writ petition was filed after a 40‑year lapse from the date of allotment, which the Court deemed unreasonable and a factor supporting the appellant’s continued possession.
  • Error by High Court: The High Court erred in law by ignoring the procedural deficiencies under the Grazing Rules and by overlooking the extensive delay in filing the writ petition.

Final Outcome

  • The appeal is allowed.
  • The impugned order of the Gauhati High Court is set aside.
  • The appellant, The Marwari Panchayat, Nagaon (Gopal Gaushala), shall continue to enjoy the 75‑bigha land based on the original allotment dated 11‑09‑1970 and State Government approval dated 06‑10‑1970.
  • All pending applications, if any, are stood disposed of.

Topics: Land Rights, Court Judgment