Page No.# 1/22 vs The State Of Assam And 5 Ors on 13 February, 2026

Author: Devashis Baruah

Bench: Devashis Baruah

                                                          Page No.# 1/22

GAHC010028762026




                                                     2026:GAU-AS:2154

                       THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                         Case No. : WP(C)/818/2026

         ABUL ALI AND 46 ORS
         S/O- KABDUL ALI,
         VILL- PACHIM BORAGAON,
         P.O AND P.S.- GARCHUK,
         DIST- KAMRUP (METRO), ASSAM.
         PIN- 781035.

         2: ABUL KALAM MONDAL
          S/O- AFTAB UDDIN MONDAL

         VILL- PACHIM BORAGAON

         P.O AND P.S.- GARCHUK

         DIST- KAMRUP (METRO)
         ASSAM
         PIN- 781035.

         3: ZAKIR HUSSAIN
          S/O- ABDUL AMIN

         VILL- PACHIM BORAGAON

         P.O AND P.S.- GARCHUK

         DIST- KAMRUP (METRO)
         ASSAM
         PIN- 781035

         4: SARBOT ALI
          S/O- AHILA SEIKH

         VILL- PACHIM BORAGAON
                                         Page No.# 2/22

P.O AND P.S.- GARCHUK

DIST- KAMRUP (METRO)
ASSAM
PIN- 781035

5: AJAHAR ALI
 S/O- TALEB ALI VILL- PACHIM BORAGAON

P.O AND P.S.- GARCHUK

DIST- KAMRUP (METRO)
ASSAM
PIN- 781035

6: ZAHIR KHAN
 S/O- FARAMAN KHAN

VILL- PACHIM BORAGAON

P.O AND P.S.- GARCHUK

DIST- KAMRUP (METRO)
ASSAM
PIN- 781035

7: OMAR ALI
 S/O- KASHEM ALI

VILL- PACHIM BORAGAON

P.O AND P.S.- GARCHUK

DIST- KAMRUP (METRO)
ASSAM
PIN- 781035

8: MOJIBAR ALI
 S/O-BUDDU MIAH @ MOHAMMAD BUDDU

VILL- PACHIM BORAGAON

P.O AND P.S.- GARCHUK

DIST- KAMRUP (METRO)
ASSAM
PIN- 781035
                                Page No.# 3/22

9: MAYNAL HAQUE
 S/O- JAYED ALI

VILL- PACHIM BORAGAON

P.O AND P.S.- GARCHUK

DIST- KAMRUP (METRO)
ASSAM
PIN- 781035

10: AKIFUN NESSA
 D/O- LATE ABDUL ALI

VILL- PACHIM BORAGAON

P.O AND P.S.- GARCHUK

DIST- KAMRUP (METRO)
ASSAM
PIN- 781035

11: HALIMA KHATUN
 W/O- HAIBUR RAHMAN

VILL- PACHIM BORAGAON

P.O AND P.S.- GARCHUK

DIST- KAMRUP (METRO)
ASSAM
PIN- 781035

12: KAMAL UDDIN
 S/O- ABDUL SALAM SHEIKH

VILL- PACHIM BORAGAON

P.O AND P.S.- GARCHUK

DIST- KAMRUP (METRO)
ASSAM
PIN- 781035

13: MAHERUN NESSA
W/O- LATE MD. ERAN SHAH KHAN

VILL- PACHIM BORAGAON
                             Page No.# 4/22


P.O AND P.S.- GARCHUK

DIST- KAMRUP (METRO)
ASSAM
PIN- 781035

14: AJGAR ALI
 S/O- HASMAT ALI
VILL- PACHIM BORAGAON

P.O AND P.S.- GARCHUK

DIST- KAMRUP (METRO)
ASSAM
PIN- 781035

15: BAHARUL ISLAM KHAN
 S/O- HABIBUR RAHMAN KHAN

VILL- PACHIM BORAGAON

P.O AND P.S.- GARCHUK

DIST- KAMRUP (METRO)
ASSAM
PIN- 781035

16: SHAHEB ALI
 S/O- ASTAP ALI

VILL- PACHIM BORAGAON

P.O AND P.S.- GARCHUK

DIST- KAMRUP (METRO)
ASSAM
PIN- 781035

17: RAFIKUL KHAN
 S/O- DOLOWAR KHAN

VILL- PACHIM BORAGAON

P.O AND P.S.- GARCHUK

DIST- KAMRUP (METRO)
ASSAM
                                              Page No.# 5/22

PIN- 781035

18: RUPCHAND ALI
 S/O- JONGSHER ALI

VILL- PACHIM BORAGAON

P.O AND P.S.- GARCHUK

DIST- KAMRUP (METRO)
ASSAM
PIN- 781035

19: RABIYAL HUSSAIN
 S/O- BILLAL HUSSAIN

VILL- PACHIM BORAGAON

P.O AND P.S.- GARCHUK

DIST- KAMRUP (METRO)
ASSAM
PIN- 781035

20: HABIA KHANAM @ HABIYA KHANAM BARBHUYAN
W/O- BAHARUL ISLAM

VILL- PACHIM BORAGAON

P.O AND P.S.- GARCHUK

DIST- KAMRUP (METRO)
ASSAM
PIN- 781035

21: MOHI UDDIN AHMED
 S/O- DR. MONIR UDDIN AHMED

VILL- PACHIM BORAGAON

P.O AND P.S.- GARCHUK

DIST- KAMRUP (METRO)
ASSAM
PIN- 781035

22: JAHER BHUYAN
 S/O- AZIZ BHUYAN
                                   Page No.# 6/22


VILL- PACHIM BORAGAON

P.O AND P.S.- GARCHUK

DIST- KAMRUP (METRO)
ASSAM
PIN- 781035

23: NURUL ISLAM
 S/O- LATE JUMAR ALI

VILL- PACHIM BORAGAON

P.O AND P.S.- GARCHUK

DIST- KAMRUP (METRO)
ASSAM
PIN- 781035

24: DANESH ALI
 S/O- NURUL ISLAM @ NURUL HAQUE
VILL- PACHIM BORAGAON

P.O AND P.S.- GARCHUK

DIST- KAMRUP (METRO)
ASSAM
PIN- 781035

25: AINAL HOQUE
 S/O- BUDDU MIAH

VILL- PACHIM BORAGAON

P.O AND P.S.- GARCHUK

DIST- KAMRUP (METRO)
ASSAM
PIN- 781035

26: BASHER ALI
 S/O- INNAS ALI @ ENNAS ALI

VILL- PACHIM BORAGAON

P.O AND P.S.- GARCHUK
                         Page No.# 7/22

DIST- KAMRUP (METRO)
ASSAM
PIN- 781035

27: MATIYAR RAHMAN
 S/O- ABDUL KADDUS

VILL- PACHIM BORAGAON

P.O AND P.S.- GARCHUK

DIST- KAMRUP (METRO)
ASSAM
PIN- 781035

28: AIJUL HAQUE
 S/O- TARABHANU

VILL- PACHIM BORAGAON

P.O AND P.S.- GARCHUK

DIST- KAMRUP (METRO)
ASSAM
PIN- 781035

29: HASMAT ALI
 S/O- LATE AMIR ALI

VILL- PACHIM BORAGAON

P.O AND P.S.- GARCHUK

DIST- KAMRUP (METRO)
ASSAM
PIN- 781035

30: SALEMAN ALI
 S/O- ABDUL HAMID

VILL- PACHIM BORAGAON

DIST- KAMRUP (METRO)
ASSAM
PIN- 781035

31: RUPCHAN ALI
 S/O- ROKAN ALI
                         Page No.# 8/22


VILL- PACHIM BORAGAON

P.O AND P.S.- GARCHUK

DIST- KAMRUP (METRO)
ASSAM
PIN- 781035

32: HAJRAT ALI
 S/O- LATE AMIR ALI

VILL- PACHIM BORAGAON

P.O AND P.S.- GARCHUK

DIST- KAMRUP (METRO)
ASSAM
PIN- 781035

33: RUKCHANA BEGUM
W/O- MAHIR UDDIN

VILL- PACHIM BORAGAON

P.O AND P.S.- GARCHUK

DIST- KAMRUP (METRO)
ASSAM
PIN- 781035

34: KARAM ALI
 S/O- HANIF ALI

VILL- PACHIM BORAGAON

P.O AND P.S.- GARCHUK

DIST- KAMRUP (METRO)
ASSAM
PIN- 781035

35: NALCHAN ALI
 S/O- LATE GUTU MIAH

VILL- PACHIM BORAGAON

P.O AND P.S.- GARCHUK
                         Page No.# 9/22


DIST- KAMRUP (METRO)
ASSAM
PIN- 781035

36: ABIDA BHUYAN
W/O- SAFIKUL ISLAM

VILL- PACHIM BORAGAON

P.O AND P.S.- GARCHUK

DIST- KAMRUP (METRO)
ASSAM
PIN- 781035

37: AKLIMA BEGUM
W/O- FAZAL KHAN

VILL- PACHIM BORAGAON

P.O AND P.S.- GARCHUK

DIST- KAMRUP (METRO)
ASSAM
PIN- 781035

38: RAKMAT ALI
 S/O- LATE AMIR ALI

VILL- PACHIM BORAGAON

P.O AND P.S.- GARCHUK

DIST- KAMRUP (METRO)
ASSAM
PIN- 781035

39: HANIF ALI
 S/O- FORIDUL HOQUE

VILL- PACHIM BORAGAON

P.O AND P.S.- GARCHUK

DIST- KAMRUP (METRO)
ASSAM
PIN- 781035
                              Page No.# 10/22


40: FULBAR ALI
 S/O- LATE SOBAN ALI

VILL- PACHIM BORAGAON

P.O AND P.S.- GARCHUK

DIST- KAMRUP (METRO)
ASSAM
PIN- 781035

41: ABDUL AOWAL
 S/O- AFAZ UDDIN

VILL- PACHIM BORAGAON

P.O AND P.S.- GARCHUK

DIST- KAMRUP (METRO)
ASSAM
PIN- 781035

42: MOKADDES ALI
 S/O- SAMEJ UDDIN ALI

VILL- PACHIM BORAGAON

P.O AND P.S.- GARCHUK

DIST- KAMRUP (METRO)
ASSAM
PIN- 781035

43: JAIN UDDIN
 S/O- MOHAMMAD NASIM UDDIN

VILL- PACHIM BORAGAON

P.O AND P.S.- GARCHUK

DIST- KAMRUP (METRO)
ASSAM
PIN- 781035

44: MAINUL HOQUE
 S/O- LATE SAMAD MIAH
                                                    Page No.# 11/22

VILL- PACHIM BORAGAON

P.O AND P.S.- GARCHUK

DIST- KAMRUP (METRO)
ASSAM
PIN- 781035

45: MODINA BEGUM
 S/O- LATE HIMAYET ULLAH NONGROM

VILL- PACHIM BORAGAON

P.O AND P.S.- GARCHUK

DIST- KAMRUP (METRO)
ASSAM
PIN- 781035

46: LUTFAR ALI
 S/O- FATIK ALI

VILL- PACHIM BORAGAON

P.O AND P.S.- GARCHUK

DIST- KAMRUP (METRO)
ASSAM
PIN- 781035

47: ARIF ALI
 S/O- SOMESH ALI

VILL- PACHIM BORAGAON

P.O AND P.S.- GARCHUK

DIST- KAMRUP (METRO)
ASSAM
PIN- 78103

VERSUS

THE STATE OF ASSAM AND 5 ORS
TO BE REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT
OF ASSAM, JANATA BHAWAN (ASSAM SECRETARIAT COMPLEX), DISPUR,
GUWAHATI- 781006
                                                              Page No.# 12/22

2:COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM
 REVENUE AND DISASTER MANAGEMENT DEPARTMENT
 JANATA BHAWAN (ASSAM SECRETARIAT COMPLEX)
 DISPUR
 GUWAHATI- 781006

3:DISTRICT COMMISSIONER
 KAMRUP (METRO)
ASSAM

4:COMMISSIONER OF POLICE
 COMMISSIONARATE OF POLICE KHANAPARA
 GUWAHATI
ASSAM

5:CIRCLE OFFICER
 GUWAHATI REVENUE CIRCLE
 GUWAHATI
ASSAM

6:OFFICER-IN CHARGE
 GARCHUK POLICE STATION
 GUWAHATI
ASSAM

                         BEFORE
HON'BLE MR. JUSTICE DEVASHIS BARUAH

     For the Petitioner(s)   : Mr. A. R. Bhuyan, Advocate
     For the Respondent(s)   : Mr. R. Borpujari, Standing Counsel
                              : Mr. S. S. Roy, Government Advocate


      ·    Date on which Judgment was reserved       : N/A

      ·    Date of Pronouncement of Judgment        : 13.02.2026

      ·    Whether the pronouncement is of
           the Operative Part of the Judgment       : No

      ·    Whether the full Judgment has been
           Pronounced                               : Yes
                                                               Page No.# 13/22

                      JUDGMENT AND ORDER (ORAL)

Heard Mr. A. R. Bhuyan, the learned counsel appearing on behalf of the Petitioners and Mr. S. S. Roy, the learned Government Advocate appearing on behalf of the Respondent Nos. 1, 3, 4, 5 and 6. I have also heard Mr. R. Borpujari, the learned Standing counsel appearing on behalf of the Respondent No.2.

2. Forty-seven (47) writ petitioners have joined together to file the instant writ petition complaining about various notices issued by the Respondent No.5 which have been collectively enclosed to the writ petition as Anenxure-13.

3. The Petitioners herein claim that they are in possession of various small plots of land at village Paschim Boragaon in the District of Kamrup (M).

4. The possession of the Petitioners over these lands is through land sale agreement entered into with original pattadars and have been under control and care of the Petitioners for several years. It is therefore the case of the Petitioners that it is not a case that the Petitioners are encroachers but they are in settled possession upon permissions being granted by the original pattadars. Be that as it may, it is also an admitted fact as would be seen from the Page No.# 14/22

Paragraph No.5 of the writ petition that the Petitioners have applied for settlement of land under the Mission Basundhara Scheme 2.0 introduced by the Government of Assam seeking the regularization of the long-standing possession over the lands situated at Paschim Boragaon. These applications are part of the record and have been enclosed collectively as Annexure-2 to the writ petition.

5. Mr. A. R. Bhuyan, the learned counsel appearing on behalf of the Petitioners submitted that no decision have been taken in respect to all these applications by the Respondent Authorities. It is however pertinent to observe that filing of application seeking settlement prima facie appears that the Petitioners have admitted that these are Government lands. The learned counsel for the Petitioners further submitted that the Petitioners also have raised constructions over these lands and have been issued Holding Numbers by the Guwahati Municipal Corporation and the said documents have also been enclosed to the present writ petition.

6. The grievance of the Petitioners however is that while their applications seeking settlement are pending, the Respondent Authorities have issued notices under Section 18(3) of the Settlement Rules to the Petitioners on various dates. These notices Page No.# 15/22

as already stated above have been collectively enclosed as Annexure-13 to the writ petition.

7. The learned counsel for the Petitioners submitted that the Respondent No.5 by way of these notices have directed the Petitioners to vacate the lands within 15 days without carrying out any adjudication as regards the rights of the Petitioners qua the lands under their possession. The learned counsel further submitted that on one hand, the Petitioners have been asked to vacate within 15 days and on the other hand, the Petitioners have

been also asked to appear for hearing on the 14 th day of the notice which means that even if any representation is submitted, it would not be a meaningful exercise. He therefore submitted that this is a fit case where the impugned notices are required to set aside and quashed.

8. Per contra, Mr. R. Borpujari, the learned Standing counsel appearing on behalf of the Revenue Department submitted that the lands in question being Government lands, no person has rights to remain in occupation of such land unless allotted and settled as per the provisions of the Assam Land and Revenue Regulation, 1886 read with the Settlement Rules. He further submitted that instead of setting aside these notices, the notices Page No.# 16/22

be construed as Show Cause Notices upon the Petitioners and a period of 15 days can be granted to the Petitioners from today for submitting their respective representation(s) along with necessary evidence to substantiate their claims to remain over the said land under their occupation. He further submitted that on the basis of the respective representation so submitted by each Petitioner along with the documents, the District Commissioner, Kamrup (Metro) or the Co-District Commissioner can be directed to look into such representations and thereupon pass Speaking Orders.

9. I have also heard Mr. S. S. Roy, the learned Government Advocate appearing on behalf of the Respondent Nos. 1, 3, 4, 5 and 6 who also supports the submission of Mr. R. Borpujari, the learned Standing counsel appearing on behalf of the Revenue Department.

10. This Court has heard the learned counsels appearing on behalf of the parties and has given anxious consideration to their respective submissions.

11. The materials on record have been duly taken note of.

12. A perusal of the provisions of Assam Land and Revenue Regulation, 1886 as well as the Settlement Rules clearly show that Page No.# 17/22

no person can remain in occupation of Government land without permission or allotment granted by the competent authority.

13. This Court also finds it pertinent to observe that the Assam Land Policy, 2019 confers certain rights upon those persons who are in Government lands to seek settlement. This aspect has been duly taken note of by the learned Division Bench of this Court in the case of Md. Salak Uddin Vs. State of Assam and Others reported in (2024) SCC Online Gau 921. It is very pertinent to observe that in the said judgment, the learned Division Bench of this Court observed that no matter what, a notice is required before initiating any procedure for eviction so that the principles of natural justice which forms a facet of Article 21 of the Constitution is not violated.

14. This Court now finds it also relevant to take note of the notices which have been issued to the Petitioners. One of such notices which have been enclosed to Annexure-13 is reproduced herein under:

"OFFICE OF THE CIRCLE OFFICER ::: GUWAHATI REVENUE CIRCLE

(KAMRUP METROPOLITAN DISTIRCT)

No. G.C.49/2015/851-925 Date : 04/02/2026

To Page No.# 18/22

Sri Abul Ali,

Govt. Dag No.1699, 1702

Jalukbari Mouza.

Whereas you have been found to be in unauthorized possession of a plot of land under Dag No. 1699, 1702 which is Government Khas land, without any lawful authority.

And whereas, as per the order of the District Commissioner vide Order No.KRC(M)373/2023/Misc/39 dated: 03/02/2026, any unauthorized occupant of Government land is required to vacate the land within 15 days from the date of publication of this notice under Section 18(3) of the Assam Land and Revenue Regulation, 1886.

And whereas it has also been observed that you have erected certain structures on the said land in the form of shops/school/houses/tin-shed/boundary fencing, which are also required to be removed within the stipulated time mentioned above.

Therefore, you are hereby directed to vacate the Government land under your unauthorized possession and remove all structures standing thereon on or before 19/02/2026.

However, if you wish to make any representation in this regard, you may appear before the undersigned on 18/02/2026 at 11:00 A.M.

Circle Officer Guwahati Revenue Circle Kamrup (M) District"

15. A perusal of the said notice reveals that on one hand, one of the Petitioners have been asked to vacate within 15 days from the date of publication of the notice and on the other hand, the Page No.# 19/22

Petitioners have also been asked to submit representation and appear before the Respondent No.5 on 18.02.2026 at 11 AM.

16. The contents of the said noticed quoted above do not inspire the confidence of this Court taking into consideration that on one hand the Respondent No.5 had asked the Petitioner to vacate the land under their occupation and on the other hand have asked the Petitioner to appear one day prior to the date fixed for the Petitioner to vacate. It appears that the manner in which the Respondent No.5 proposes to deal with the matter is too mechanical. Under such circumstances, such course of action cannot be permitted as per the settled principles of law.

Be that as it may, as the Petitioners admittedly have received notices which have been collectively enclosed as Annexure-13 to the writ petition, it would be in the interest of justice that instead of setting aside the notices, the said notices be construed as Show Cause Notices.

17. The Petitioners can be granted the liberty to submit their respective representation treating the said notices as Show Cause Notice and thereby providing the necessary evidences which would show that the Petitioners have a right of settlement over the land Page No.# 20/22

in terms with the Assam Land Policy, 2019 as well as also that the Petitioners' rights over the land have matured by operation of law.

18. This Court is also of the opinion that when the Petitioners are given the opportunity to submit their respective representations along with necessary evidences, an opportunity of personal hearing would also be required to be given to the Petitioners so that they are in a position to explain their case in relation to evidence produced. This Court duly takes note of a recent judgment passed by the Supreme Court in the case of Abdul Khalek and Others Vs. State of Assam and Others dated 10.02.2026 wherein the Supreme Court even in respect to reserved forest land directed that pursuant to orders passed, if the decision is not favourable, a further period of 15 days is required to be given so that the aggrieved parties can take recourse to the provisions of law.

19. Accordingly, the instant writ petition stands disposed of with the following observations and directions:

(i) The notices which have been issued to the Petitioners enclosed as Annexure-13 to the writ petition shall be treated as Show Cause Notices issued to the Petitioners.

(ii) The Petitioners having received these notices are given the Page No.# 21/22

liberty to submit respective representations within 20 days from today.

(iii) This Court further directs that such representations be submitted to the District Commissioner, Kamrup (Metro).

(iv) The District Commissioner, Kamrup (Metro) or the Co-District Commissioner, within whose jurisdiction the lands in question are situated shall decide such representations by affording opportunity of personal hearing to the Petitioners who submit representation(s) in pursuance to the instant judgment passed by this Court.

(v) The District Commissioner, Kamrup (Metro) or Co-District Commissioner shall decide the representations by taking note of the provisions of the Assam Land and Revenue Regulation, 1886, the Settlement Rules as well as the Assam Land Policy, 2019 without being influenced by the contents of Paragraph Nos. 1 and 2 of the said notices so issued.

(vi) It is further observed and directed that District Commissioner, Kamrup (Metro) or the Co-District Commissioner shall pass Speaking Orders against the respective claims made by the Petitioners who submit representations as per the liberty granted above.

Page No.# 22/22

(vii) It is further observed that in the circumstances, the Speaking orders passed are against the claims of the Petitioners who have submitted representations, no steps for eviction be carried out for a period of 15 days from service of such Speaking Orders upon the Petitioners. In that regard, it shall be open to the District Commissioner, Kamrup (Metro) or the Co-District Commissioner to fix a date for passing the Speaking Order on the date of the personal hearing or such date as per its convenience.

(viii) It is observed that till the aforesaid exercise is being carried out as directed hereinabove, no steps be taken for eviction of the Petitioners.

Bijoy           Digitally signed
                by Bijoy Saha                                   JUDGE

Saha            Date: 2026.02.16
                10:30:40 +05'30'
Comparing Assistant