Gauhati High Court
Page No.# 1/4 vs The State Of Assam And 8 Ors on 26 August, 2025
Author: Sanjay Kumar Medhi
Bench: Sanjay Kumar Medhi
Page No.# 1/4
GAHC010186142025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/4786/2025
JIAUR RAHMAN AND 6 ORS
S/O- ABDUL SUBHAN, R/O- VILL.- LAOGAON, P.O. SOULMARI, DIST.
NAGAON, ASSAM
2: RUKSHANA KHATUN
W/O- JIAUR RAHMAN
R/O- VILL.- LAOGAON
P.O. SOULMARI
DIST. NAGAON
ASSAM
3: WAHIDUR RAHMAN
S/O- LATE AKKAS ALI
R/O- VILL.- LAOGAON
P.O. SOULMARI
DIST. NAGAON
ASSAM
4: ABDUL JABBAR
S/O- JABED ALI
R/O- VILL.- ROWMARI
P.O. SOULMARI
DIST. NAGAON
ASSAM
5: HASINUR RAHMAN
S/O- ABDUL SUBHAN
R/O- VILL.- ROWMARI
P.O. SOULMARI
DIST. NAGAON
ASSAM
6: ASHIQUR RAHMAN
S/O- ABDUL SUBHAN
Page No.# 2/4
R/O- VILL.- ROWMARI
P.O. SOULMARI
DIST. NAGAON
ASSAM
7: SUKUR ALI
S/O- LATE SUHAB ALI
R/O- VILL.- ROWMARI
P.O. SOULMARI
DIST. NAGAON
ASSA
VERSUS
THE STATE OF ASSAM AND 8 ORS
TO BE REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF
ASSAM, PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT, DISPUR,
GUWAHATI-6.
2:THE UNION OF INDIA
TO BE REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF
INDIA
MINISTRY OF PANCHAYAT RAJ
J.P. BUILDING 25
K.G. MARG
NEW DELHI-01.
3:THE DISTRICT COMMISSIONER
NAGAON
P.O. AND DIST. NAGAON
ASSAM
4:THE CHIEF ENGINEER
P.W.D. (ROADS)
ASSAM
CHANDMARI
GUWAHATI-3.
5:THE EXECUTIVE ENGINEER
PWD
NAGAON
BARHAMPUR AND RUPAHIHAT TERRITORIAL ROAD DIVISION
DIST. NAGAON
ASSAM
6:THE CIRCLE OFFICER
NAGAON SADAR REVENUE CIRCLE
P.O. AND DIST. NAGAON
Page No.# 3/4
ASSAM
7:THE EXECUTIVE OFFICER
KHAGORIJAN ANCHALIK PANCHAYAT
SENSOWA
NAGAON
DIST. NAGAON
ASSAM
8:THE SECRETARY OF LAOGAON GAON PANCHAYAT
LAOGAON
P.O. SOLMARI
DIST. NAGAON
ASSAM
9:K.K. ENGINEERS
HOUSE NO. 35
NIZARAMUKH PATH
SANTIPUR HILL SIDE
P.O. BHARALUMUKH
DIST. NAGAON
ASSA
Advocate for the Petitioner : MR. P K ROYCHOUDHURY, MR. N HAQUE,MR. A K AZAD,MR
M HUSSAIN
Advocate for the Respondent : GA, ASSAM, GA, ASSAM,SC, PWD ROAD,SC, P AND R.D.
BEFORE
HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
ORDER
26.08.2025
Heard Shri PK Roychoudhury, learned counsel for the petitioners. Also
heard Shri D. Nath, learned Senior Government Advocate, Assam.
Shri Roychoudhury, the learned counsel has submitted that despite the
matter being fixed today and as per the impugned notice dated 11.08.2025, 15
days time was granted for eviction, the demolition activities have started from
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today itself which is before even expiry of the time granted. He has also
highlighted the aspect that individual notice has not been issued.
Shri Nath, the learned State Counsel has on the other hand, however
submitted that the land involved is of the Panitola class and the Hon'ble
Supreme Court in the judgment dated 13.11.2024 in WP(C)/295/2022
[In Re : Directions in the matter of demolition of structures] had itself
clarified that the restrictions would not be applicable to certain categories of
land including a land of this nature.
Let an affidavit be filed by the State in this regard.
Shri Nath, the learned State Counsel has submitted that the affidavit
would be filed within the shortest possible time as there is urgency. He has
further submitted that he has advised that demolition activity, if any, should be
temporarily stopped.
Considering the dispute involved and the urgency expressed, list this case
on Friday, i.e., 29.08.2025 before which the affidavit is required to be filed.
Considering the assurance given by the learned State Counsel, till the next
date fixed i.e., 29.08.2025, status quo as on today be maintained.
The aforesaid order of status quo would however be reconsidered after
filing of the affidavit.
JUDGE
Comparing Assistant
