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Gauhati High Court
Page No.# 1/7 vs The State Of Assam And Othrs on 12 February, 2026
Author: Devashis Baruah
Bench: Devashis Baruah
Page No.# 1/7
GAHC010026042026
2026:GAU-AS:2046
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/5008/2025
BHUSAN KUMAR SINGH
S/O- LATE MAHINDER SINGH
R/O- KHATKHATI PACCA FIELD
P.S- KHATKHATI
DIST- KARBI ANGLONG
ASSAM
VERSUS
THE STATE OF ASSAM AND OTHRS
REP. BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM
REVENUE AND DISASTER MANAGEMENT DEPARTMENT
DISPUR
ASSAM
PIN-781006
2:THE COMMISSIONER AND SECRETARY
TO THE GOVT. OF ASSAM
HILL AREAS DEPARTMENT
DISPUR
GUWAHATI-6
3:THE PRINCIPAL SECRETARY
KARBI ANGLONG AUTONOMOUS COUNCIL
DIPHU
KAAC
PIN-782460
4:THE DISTRICT COMMISSIONER
DIPHU
KARBI ANGLONG
Page No.# 2/7
PIN-782486
5:THE JOINT SECRETARY
IN-CHARGE OF REVENUE DEPARTMENT
KARBI ANGLONG AUTONOMOUS COUNCIL
DIPHU. PIN-782460
6:THE ASSISTANT REVENUE OFFICER
DIPHU REVENUE CIRCLE
DISTRICT- KARBI ANGLONG
PIN-782460
7:THE SUPERINTENDENT OF POLICE
DIPHU
KARBI ANGLONG
PIN-782460
------------
BEFORE
HONOURABLE MR. JUSTICE DEVASHIS BARUAH
For the Petitioner(s) : Mr. S. Ahmed, Advocate
For the Respondent(s) : Mr. J. Handique, Govt. Advocate
Ms. G. Hazarika, Standing Counsel
Mr. J. Chutia, Standing Counsel
Date on which judgment was reserved : NA
Date of pronouncement of judgment : 12.02.2026
Whether the pronouncement is of the
Operative part of the judgment? : NA
Whether the full judgment has been
pronounced? : Yes
JUDGMENT AND ORDER (ORAL)
Page No.# 3/7
Heard Mr. S. Ahmed, the learned counsel appearing on behalf
of the petitioner. Ms. G. Hazarika, the learned Standing Counsel
appears on behalf of the respondent No. 1; Mr. J. Handique, the
learned Government Advocate appears on behalf of the
respondent Nos. 2, 4 and 7 and Mr. J. Chutia, the learned Standing
Counsel appears on behalf of the respondent Nos. 3, 5 and 6.
2. The petitioner herein claims that he is the lawful pattadar and
possessor of a plot of land admeasuring 21 Bighas 2 Kathas 10 Lechas
situated at Kaliram Bosti, Khatkhati under Mouza Borjan, Patta No. 10,
Dag No. 16 in the district of Karbi Anglong, Assam. On the said land,
the petitioner was carrying on a business in the name and style of
Alok Brick Bhatta since 2011. On account of the construction of a
four-lane road, the petitioner shut down the said Bhatta in the year
2018, but has been regularly paying land revenue. The petitioner had
also received compensation in respect to the 5 Bighas of land that
were acquired and the remaining 16 Bighas 2 Kathas 10 Lechas still
remained in his possession.
3. A demarcation notice dated 24.06.2025 was issued whereby the
petitioner was asked to remain present when the demarcation was to
be carried out by the L.R. staff on 26.06.2025 at 10.00 A.M. Being
aggrieved, the petitioner approached this Court by filing the instant
writ petition.
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4. The materials on record show that this Court vide an order dated
01.09.2025 issued notice.
5. It is very pertinent to take note of that in the order dated
01.09.2025, the learned Coordinate Bench of this Court duly recorded
the objection of Mr. J. Chutia, the learned Standing Counsel for the
KAAC, to the effect that while the petitioner claims to be the owner
and possessor of Dag No. 16, the demarcation notice pertains to Dag
Nos. 142 and 168. The record further reveals that the petitioner
thereupon filed 2 (two) miscellaneous applications.
6. The first application was filed on 16.10.2025 seeking a stay of
the demarcation notice dated 24.06.2025 and the eviction notice
dated 10.09.2025 issued by the Assistant Settlement Officer/Assistant
Revenue Officer, Karbi Anglong Autonomous Council. It is pertinent to
take note of that the eviction notice dated 10.09.2025 refers to the
land covered by Dag No. 168 of Periodic Patta No. 66 which is
recorded in the name of Smt. Protima Timungpi. The petitioner was
accordingly issued notice as per Rule 18(1) and Rule 18(3)(a) of the
Settlement Rules framed under the Assam Land and Revenue
Regulation, 1886.
7. The second application filed by the petitioner seeking a stay of
the eviction notice dated 29.01.2026 issued by the Secretary,
Department of Revenue, Karbi Anglong Autonomous Council wherein
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reference was made to Dag No. 168 of Patta No. 66 of an area of land
admeasuring 2 Bighas 4 Kathas 19 Lechas.
8. This Court has perused the pleadings and finds that the
petitioner has not given any justification, as to how, the petitioner is
affected by the said impugned notices taking into account that the
Dag numbers mentioned in the impugned notices is Dag No. 168 of
Patta No. 66 whereas the petitioner's landholding certificate and the
Jamabandi for the surveyed village both dated 11.01.2024 enclosed
as Annexures I and II to the writ petition refer to Dag No. 16 of
Periodic Patta No. 10.
9. The Court also heard the learned Standing Counsel for the KAAC,
who submitted that instead of pursuing the present proceedings, the
petitioner ought to have approached the respondent No. 3 by placing
necessary materials to show that the petitioner has any relation with
Dag No. 168 of Patta No. 66 or any claim over the said land. He
further referred to Regulation 5 of the Karbi Anglong District (Transfer
of Land) Act, 1959, and submitted that the Karbi Anglong
Autonomous Council has the authority to evict persons who are in
unauthorized occupation of land belonging to the tribal people.
10. Mr. J. Chutia, the learned Standing Counsel for the KAAC further
submitted that if the petitioner approaches the Respondent
Authorities within a reasonable time i.e. 15 days, the Respondent
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Authorities are not adverse to taking into consideration the petitioner's
representation along with any evidence placed, thereby justifying his
right to remain over the land and passing a speaking order.
11. This Court, having heard the learned counsels appearing on
behalf of the parties is of the opinion that the interest of justice would
be met by granting the petitioner an opportunity to submit his claim
before the respondent No. 3, and by directing the respondent No. 3 to
pass a speaking order and thereupon to proceed in accordance with
law.
12. Accordingly, the instant writ petition stands disposed of with the
following observations and directions:
(i) The petitioner herein is given a period of 20 days from today
to submit a representation before the respondent No. 3 along
with all necessary documents which should show that the
petitioner has claim over the land in his possession and as well
as how he has any claim over Dag No. 168 of Patta No. 66 which
is the subject matter of both the demarcation notice as well as
the eviction notice which have been issued against the petitioner.
(ii) The respondent No. 3, upon such representation being
submitted within the time so permitted herein above, shall pass a
speaking order after intimating all interested parties in respect to
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the claim of the petitioner.
(iii) This Court further directs that till such speaking orders are
passed, no steps for eviction of the petitioner shall be carried
out. It is further observed that in the circumstance, the speaking
order is not favorable to the petitioner, a further 15 days' time be
given to the petitioner, before initiating any steps for eviction.
JUDGE
Date: 2026.02.12 08:15:38 +05'30'
