Gauhati High Court
Page No.# 1/4 vs The Union Of India on 16 July, 2025
Page No.# 1/4
GAHC010152982025
undefined
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : CRP(IO)/260/2025
BIKI ALI
S/O INCHAB ALI R/O. VILLAGE - NORTH JALUKBARI DISTRICT- KAMRUP
(M) PIN- 781014
2: NURJAHAN BEGUM
D/O. KHANSUR ALI R/O. VILLAGE - NORTH-JALUKBARI DISTRICT -
KAMRUP (M)
ASSAM PIN - 781014
3: MD AZAR ALI
S/O LATE SAFAR ALI
R/O. VILLAGE - NORTH-JALUKBARI DISTRICT - KAMRUP (M)
ASSAM PIN - 781014
4: SAKINA BEGUM
D/O. LATE MUSLIM ALI R/O. VILLAGE - NORTH-JALUKBARI DISTRICT -
KAMRUP (M)
ASSAM PIN - 781014
5: SYADA SANOWAR BEGUM
W/O. NUR MOHAMMAD SAIKIA R/O. VILLAGE - NORTH-JALUKBARI
DISTRICT - KAMRUP (M)
ASSAM PIN - 781014
6: MD HAIDER ALI
S/O. AMIR ALI R/O. VILLAGE - NORTH-JALUKBARI DISTRICT - KAMRUP
(M)
ASSAM PIN - 781014
7: RIYAZUDDIN AHMED
S/O. LATE HARMOJ ALI R/O. VILLAGE - NORTH-JALUKBARI DISTRICT -
KAMRUP (M)
ASSAM PIN - 781014
Page No.# 2/4
8: NAZMIN BEGUM
W/O SIRAJ ALI
R/O. VILLAGE - NORTH-JALUKBARI DISTRICT - KAMRUP (M)
ASSAM PIN - 78101
VERSUS
THE UNION OF INDIA
REPRESENTED BY THE GENERAL MANAGER, NORTH EAST FRONTIER
RAILWAY, MALIGAON, GUWAHATI, ASSAMPIN-781011
2:THE ESTATE OFFICER
NORTH EAST FRONTIER RAILWAY
MALIGAON
GUWAHATI
ASSAM PIN-781011
3:THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM
DEPARTMENT OF REVENUE AND DISASTER MANAGEMENT
DISPUR
GUWAHATI-06
ASSAM
4:THE DISTRICT COMMISSIONER
KAMRUP(METROPOLITAN)
LICHUBAGAN
HENGRABARI
GUWAHATI- 781036
ASSA
Advocate for the Petitioner : SIRAJ CHOUDHURY, MR P R SARMA
Advocate for the Respondent : DY.S.G.I., SC. REVENUE,GA, ASSAM
BEFORE
HONOURABLE MR. JUSTICE ROBIN PHUKAN
ORDER
Date : 16.07.2025
Heard Mr. P.R. Sarma, learned counsel for the petitioners. Also heard Mr. H.
Gupta, learned CGC for the respondent Nos. 1 and 2; Mr. J. Handique, learned
standing counsel for the respondent No. 3; Mr. T.R. Gogoi, learned Government
Page No.# 3/4
Advocate and Ms. D.D. Barman, learned Additional Senior Government Advocate
for the respondent No. 4.
2. In this petition, under Article 227 of the Constitution of India, the
petitioners have challenged the judgments dated 28.05.2025 and 26.05.2025,
passed by the learned District Judge, Kamrup(M), Guwahati, in Misc. Appeal No.
14/2024, Misc. Appeal No. 20/2024, Misc. Appeal No. 21/2024, Misc. Appeal No.
22/2024, Misc. Appeal No. 16/2024, Misc. Appeal No. 23/2024, Misc. Appeal No.
18/2024 and Misc. Appeal No. 17/2024.
3. It is to be noted here that vide impugned judgments dated 28.05.2025
and 26.05.2025, the learned District Judge, Kamrup(M), Guwahati had
dismissed the appeal of the petitioners and granted liberty to the respondents to
proceed with the eviction drive.
4. Perused the petition and the documents placed on record, and also
perused the impugned judgments dated 28.05.2025 and 26.05.2025.
5. Let notice be issued to the respondents, returnable in two weeks.
6. As all the respondents are being represented by their respective counsel,
no formal notice is required to be issued to the respondents. However, extra
copies of the petition be furnished to them during the course of the day.
7. It appears that Mr. Sarma, learned counsel for the petitioners has not
enclosed the copies of the memo of appeal preferred before the Court of
learned District Judge, Kamrup(M), Guwahati, being Misc. Appeal No. 14/2024,
Misc. Appeal No. 20/2024, Misc. Appeal No. 21/2024, Misc. Appeal No. 22/2024,
Misc. Appeal No. 16/2024, Misc. Appeal No. 23/2024, Misc. Appeal No. 18/2024
and Misc. Appeal No. 17/2024, with the petition. Accordingly, it is provided that
Mr. Sarma shall bring on record the aforementioned memo of appeals by filing
Page No.# 4/4
an additional affidavit before returnable date.
8. Though Mr. Sarma has contended to grant interim relief till returnable
date, yet from the given facts and circumstances on the record, especially from
the impugned judgments passed by the learned District Judge, Kamrup(M),
Guwahati, Mr. Sarma has failed to demonstrate a prima facie case in favour of
granting stay of the impugned judgments, and accordingly, this Court is not
inclined to grant any interim relief at this stage.
9. List the matter after two weeks.
JUDGE
Comparing Assistant
