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Gauhati High Court
Page No.# 1/8 vs The State Of Assam And 7 Ors on 28 January, 2026
Author: Soumitra Saikia
Bench: Soumitra Saikia
Page No.# 1/8
GAHC010012952026
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/367/2026
SURMAN ALI AND 20 ORS
S/O - LATE JAHED ALI, VILLAGE - 1 NO. BHELKAR 4 NO. DOKANIA, P.O
BHELKAR BAZAR, P.S.-HAJO, DISTRICT- KAMRUP, ASSAM, PIN -781102.
2: MAINUL HOQUE
S/O - LATE ILIMUDDIN ALIAS ILIM ALI
VILLAGE- PANDITAR PAM 4 NO. DOKANIA
P.O.- SHILGURI
P.S.-HAJO
DISTRICT- KAMRUP
ASSAM
PIN - 781103
3: ABDUR ROHIM
S/O - LATE ILIMUDDIN ALIAS ILIM ALI
VILLAGE- PANDITAR PAM 4 NO. DOKANIA
P.O.- SHILGURI
P.S.-HAJO
DISTRICTASSAM
PIN - 781103
4: SABIA KHATUN ALIAS CHABIYA KHATUN
D/O - LATE ILIMUDDIN ALIAS ILIM ALI
VILLAGE- PANDITAR PAM 4 NO. DOKANIA
P.O.- SHILGURI
P.S.-HAJO
DISTRICT- KAMRUP
ASSAM
PIN -781103
5: ABUL NASER
S/O - LATE SULTAN ALI
VILLAGE- TAPABARI 4 NO. DOKANIA
P.O.- TAPABARI
Page No.# 2/8
P.S.-HAJO
DISTRICT- KAMRUP
ASSAM
PIN -781102.
6: CHAHERA BIBI
D/O- LATE MAINUDDIN
VILLAGE- PANDITAR PAM 4 NO. DOKANIA
P.O.- SHILGURI
P.S.-HAJO
DISTRICT KAMRUP ASSAM
PIN - 781103
7: BAREK ALI
S/O - HAZARAT ALI
VILLAGE- GAONBURAR PAM 4 NO. DOKANIA
P.O.- SHILGURI
P.S.-HAJO
DISTRICT- KAMRUP
ASSAM
PIN - 781103
8: CHAIDULAAH ALI
S/O - LATE MAINUDDIN
VILLAGE- PANDITAR PAM 4 NO. DOKANIA
P.O.- SHILGURI
P.S.-HAJO
DISTRICT- KAMRUP
ASSAM
PIN - 781103
9: IBRAHIM ALI
S/O - MAKTEL
VILLAGE- GAONBURA PAM 4 NO. DOKANIA
P.O.- SHILGURI
P.S.-HAJO
DISTRICT- KAMRUP
ASSAM
PIN - 781103.
10: SONABAR ALI
S/O - LATE MOSLIM ALI
VILLAGE- PANDITAR PAM 4 NO. DOKANIA
P.O.- SHILGURI
P.S.-HAJO
DISTRICT- KAMRUP
ASSAM
PIN -781103.
Page No.# 3/8
11: JUMAR ALI
S/O- NURJAMAL
VILLAGE- PANDITAR PAM 4 NO. DOKANIA
P.O.- SHILGURI
P.S.-HAJO
DISTRICT- KAMRUP
ASSAM
PIN - 781103
12: AJIRAN NESSA
S/O - AMJAD ALI ALIAS ANDH ALI
VILLAGE- PANDITAR PAM 4 NO. DOKANIA
P.O.- SHILGURI
P.S.-HAJO
DISTRICT- KAMRUP
ASSAM
PIN - 781103
13: IMAN ALI
S/O - HAYED ALI
VILLAGE- GAONBURAR PAM 4 NO. DOKANIA
P.O.- SHILGURI
P.S.-HAJO
DISTRICT KAMRUP ASSAM
PIN - 781103
14: SWAHID ALI
S/O- DEWAN ALI
VILLAGE- KURIHAMARI
P.O.- BHANGNAMARI
P.S.-SHIALMARI
DISTRICT- NALBARI
ASSAM
PIN - 781126
15: SIDDIQUE ALI
S/O - DEWAN ALI
VILLAGE- GAONBURAR PAM 4 NO. DOKANIA
P.O.- SHILGURI
P.S.-HAJO
DISTRICT- KAMRUP
ASSAM
PIN - 781103
16: ABDUL KHALEK
S/O- ABDUL SARKAR
VILLAGE- TAPABARI 4 NO. DOKANIA
Page No.# 4/8
P.O.- TAPARI
P.S.-HAJO
DISTRICT- KAMRUP
ASSAM
PIN -781102
17: MOBARAK ALI
S/O - HAZARAT ALI
VILLAGE- PANDITAR PAM 4 NO. DOKANIA
P.O.- SHILGURI
P.S.-HAJO
DISTRICT- KAMRUP
ASSAM
PIN -781103
18: MOFIDA KHATUN ALIAS MAFIDA BEGUM
S/O - HAZARAT ALI
VILLAGE- GAONBURAR PAM 4 NO. DOKANIA
P.O.- SHILGURI
P.S.-HAJO
DISTRICT- KAMRUP
ASSAM
PIN - 781103
19: BAKSA ALI
S/O - MAINUDDIN
VILLAGE- PANDITAR PAM 4 NO. DOKANIA
P.O.- SILGURI
P.S.-HAJO
DISTRICT- KAMRUP
ASSAM
PIN - 781103
20: DEHUN NABI
S/O- LATE NURJAMAL
VILLAGE- GAONBURAR PAM 4 NO. DOKANIA
P.O.- SHILGURI
P.S.-HAJO
DISTRICT- KAMRUP
ASSAM
PIN - 781103
21: BACHIRAN NECHA
C/O- DELDO JAHAN
VILLAGE- GAONBURAR PAM 4 NO. DOKANIA
P.O.- SHILGURI
P.S.- HAJO
DISTRICT- KAMRUP
Page No.# 5/8
ASSAM
PIN - 78110
VERSUS
THE STATE OF ASSAM AND 7 ORS
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM,
REVENUE AND DISASTER MANAGEMENT DEPARTMENT, DISPUR, ASSAM,
GUWAHATI - 781006
2:THE COMMISSIONER AND SECRETARY
HOME AND POLITICAL DEPARTMENT
GOVERNMENT OF ASSAM
DISPUR
GUWAHATI 781006.
3:THE DIRECTOR OF LAND
RECORDS AND SURVEYS
GOVERNMENT OF ASSAM
RUPNAGAR
GUWAHATI 781032.
4:THE DISTRICT COMMISSIONER
KAMRUP
AMINGAON
PIN-781031.
5:THE SENIOR SUPERINTENDENT OF POLICE
KAMRUP
AMINGAON
DIST- KAMRUP
ASSAM
PIN- 781031.
6:THE CIRCLE OFFICER (CIVIL)
HAJO REVENUE CIRCLE
KAMRUP
DIST- KAMRUP
ASSAM
PIN- 781102.
7:THE BLOCK DEVELOPMENT OFFICER
HAJO DEVELOPMENT BLOCK
HAJO
PIN-781102.
Page No.# 6/8
8:THE OFFICER IN CHARGE
HAJO POLICE STATION
KAMRUP
ASSAM
PIN-781102
Advocate for the Petitioner : MR. M BHAGABATI, MS. B TALUKDAR
Advocate for the Respondent : GA, ASSAM, SC, REVENUE
BEFORE
HONOURABLE MR. JUSTICE SOUMITRA SAIKIA
ORDER
28.01.2026
Heard Mr. M Bhagawati, learned counsel for the petitioner. Also heard Mr. M.
Das, learned counsel appearing for the respondent Nos. 2, 4, 5, 6 & 8 and Mr. R
Borpujari, learned Standing Counsel, Revenue for the respondent Nos. 1 & 3.
2. The Petitioners were 21 in numbers claimed to be residents of No. 4
Dokania Village under Paschim Bongshar Mouza within the Hajo Revenue Circle,
Kampur District, Assam. The petitioners claimed to be flood affected or eroded
families who were uprooted and were given these land by the government at
the relevant point of time in the year 1997 and since then these families have
been residing in these areas and they have valid land documents. The
petitioners are aggrieved by notice dated 26.12.2025 whereby the petitioners
who were occupying or encroaching upon lands covered by PGR Nos. 19, 20,
22, 23 and 47 of No. 1 Dokonia Village under Hajo Revenue Circle, Kamrup
District have been instructed to vacate and hand over possession of the land
within 15 days.
3. The learned counsel for the petitioners submits that they have been
settled with their land since the year 1997 and they are in possession of the
Page No.# 7/8
valid land documents and nowhere is it mentioned that they are residents of No.
1 Dokoniya Village. Therefore, the impugned notice which on the basis of
incorrect information and the petitioners were not given an opportunity of
hearing before the authorities contemplated to take possession of the said land.
The learned counsel for the petitioner submits that a representation has been
filed before the Additional Deputy Commissioner, Kamrup on 30.12.2025 which
has remained pending and no orders have been passed. Under such
circumstances, the petitioners are before this court and it is submitted that
without verification of the valid documents which the petitioners possess, they
ought not to be evicted from the said land as they are not residents of the
PGR/VGR land under No. 1 Dokoniya Village but residents of the lands allotted
under No.4 Dokoniya Village.
4 The respondent counsel submit that they were given 15 days time in the
said notice however, they did not respond to the said notice by filing necessary
representation .
5. Having heard learned counsel for the parties, this Court is of the view that
the notice dated 26.12.2025 calling upon the respondents to vacate the land
and hand over possession did not provide any opportunity to the petitioners for
a hearing an examination of their documents prior to taking any steps before
the authorities. The representation filed before the Additional Deputy
Commissioner has also not been disposed of at this stage.
6. Under such circumstances, this court is of the view that ends of justice will
be met if the writ petition is disposed of at this stage by permitting the
petitioners to file detailed representations supported by necessary documents
individually by the petitioners before the Deputy Commissioner, Kamrup. The
Deputy Commissioner or any authorized officer entrusted by the Deputy
Page No.# 8/8
Commissioner will thereafter conduct a detailed hearing on a case to case basis
by examining all the relevant documents and thereafter pass individual speaking
orders. Copies of which are to be served on the writ Petitioners.
7. If upon such verification the petitioners are found to be occupants of
VGR/PGR land then the procedure prescribed under law will be undertaken by
the State authorities.
8. The petitioners will file their fresh applications by 13.02.2026 from today
along with all necessary documents before the DC concerned and thereafter the
Deputy Commissioner will proceed to hear the matter and pass individual orders
within 30 days thereafter. Any such order that is passed, needless to say, the
same shall be served on the writ petitioner.
9. The writ petition accordingly disposed of in terms of the above
10. Copy of the order be marked to the Office of the Senior Government
Advocate Assam for onward communication.
11. Meanwhile, till such final orders are passed, no steps will be taken by the
Respondent pursuant to the impugned notice dated 26.12.2025.
JUDGE
Comparing Assistant
