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2025 DAILYLAW 19750 (GAU)

BARKAT ALI TARAFDER AND 2 ORS. v. THE STATE OF ASSAM AND 5 ORS.

WP(C)/5646/2025 · 2025-09-24

Sanjay Kumar Medhi

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010216122025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5646/2025 BARKAT ALI TARAFDER AND 2 ORS. S/O LT. BAHAR UDDIN TARAFDER @ MUNSHI, RESIDENT OF KATHALDI PT-I, P.O AND P.S BILASIPARA, DISTRICT- DHUBRI, ASSAM, PIN- 783348 2: ABDUL JALIL TARAFDER S/O LT. BAHAR UDDIN TARAFDER @ MUNSHI RESIDENT OF KATHALDI PT-I P.O AND P.S BILASIPARA DISTRICT- DHUBRI ASSAM PIN- 783348 3: ANOWARA KHATUN BIBI D/O LT. BAHAR UDDIN TARAFDER @ MUNSHI RESIDENT OF KATHALDI PT-I P.O AND P.S BILASIPARA DISTRICT- DHUBRI ASSAM PIN- 78334 VERSUS THE STATE OF ASSAM AND 5 ORS. REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM, DISPUR, GHY- 06 2:THE SECRETARY TO THE GOVT. OF ASSAM REVENUE AND DISASTER MANAGEMENT DEPARTMENT DISPUR GHY- 06 3:THE DISTRICT COMMISSIONER DHUBRI ASSAM Page No.# 2/3 PIN 783301 4:THE CIRCLE OFFICER BILASIPARA REVENUE CIRCLE DISTRICT DHUBRI ASSAM PIN 783348 5:KAZAIKATA GAON PANCHAYAT REPRESENTED BY ITS SECRETARY P.O AND P.S BILASIPARA DISTRICT DHUBRI ASSAM PIN 783348 6:THE PRESIDENT KAZAIKATA GAON PANCHAYAT P.O AND P.S BILASIPARA DISTRICT DHUBRI ASSAM PIN 78334 Advocate for the Petitioner : MR. M U MONDAL, S S AHMED,A A AHMED,MR A ALIM SK,MR K ISLAM Advocate for the Respondent : GA, ASSAM, SC, REVENUE BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI ORDER 25.09.2025 Heard Shri M.U. Mondal, learned counsel for the petitioners, who had approached this Court on an apprehension that they would be evicted from their lands. It is the specific case of the petitioners that without any notice being served, verbal information was given of such eviction. This Court vide the order dated 22.09.2025 had directed Shri S.S. Roy, learned Page No.# 3/3 State Counsel to obtain the instructions. Shri Roy, the learned State counsel has submitted that there is no such eviction process in contemplation. In view of the above, this Court is of the opinion that there is no existing cause of action and accordingly the writ petition is closed. Liberty is however given to the petitioners in case there is any grievance with regard to eviction process which however has to be done only by following the due process of law. JUDGE Comparing Assistant