Page No.# 1/5 GAHC010078222025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : PIL/35/2025 MD HUMAYUN KABIR S/O HABIBUR RAHMAN, R/O RUPAHI BHAKAT GAON, P.O. AND P.S. RUPAHI, DIST. NAGAON, ASSAM, PIN 782125 VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM, REVENUE DEPTT., DISPUR, GUWAHATI 781006 2:THE JOINT SECY. TO THE GOVT. OF ASSAM REVENUE AND DM (SURVEY AND SETTLEMENT) DEPTT. DISPUR GUWAHATI 781006 3:THE DIST. COMMISSIONER NAGAON ASSAM PIN 782001 4:THE ADDITIONAL DIST. COMMISSIONER REVENUE DEPTT. NAGAON ASSAM PIN 782001 5:THE CIRCLE OFFICER SAMOGURI REVENUE CIRCLE Page No.# 2/5 NAGAON ASSAM PI Advocate for the Petitioner : MR A KHANIKAR, R L CHUTIA,MR. P KONWAR Advocate for the Respondent : SC, REVENUE, GA, ASSAM BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER 02.12.2025 (M. Zothankhuma, J) Heard Mr. A. Khanikar, learned counsel for the petitioner. Also heard Ms. N. Bordoloi, learned Counsel for the respondent Nos.1 & 2 and Mr. P. Saikia, learned counsel for the respondent Nos.3, 4 & 5. 2. The petitioner has filed this Public Interest Litigation to protect public land from large scale illegal encroachment. According to the petitioner, 76 families have illegally occupied 18 Bighas of government grazing reserve land out of 38 Bighas, by constructing houses, shops and ponds. The petitioner’s case is that the acts committed by these encroachers have been confirmed by official reports submitted by Lot Mondals and the Circle Officer, Samaguri Revenue Circle. The inaction of the authorities despite repeated representations and official reports, is alleged to be arbitrary, unfair and violative of Article 14 and 21 of the Constitution of India. 3. The petitioner’s counsel submits that though the petitioner had submitted Page No.# 3/5 a writ petition, i.e., WP(C) No.241/2025 earlier, the same had been withdrawn, with liberty to file a PIL on the same subject matter. Hence, this PIL seeks a writ of mandamus, directing the authorities to evict the encroachers based on the Circle Officer’s report and to restore the land for public interest. 4. The additional affidavit filed by the Additional District Commissioner, Revenue Department, Nagaon on 22.09.2025, is to the effect that as per the report of the Circle Officer, Samaguri Revenue Circle vide letters, dated 08.09.2023 and 22.03.2024, regarding encroachment of government land at village Rupahi Bhakat Gaon under Khatual Mouza, process has been initiated for removal of the encroachers. Accordingly, the Circle Officer, Samaguri has submitted eviction plan and estimate vide letter dated 02.09.2025 with an estimated value of Rs.2,34,500/-. The said eviction plan and estimate had been submitted to the Addl. Chief Secretary to the Govt. of Assam, Revenue & DM Department vide letter dated 15.09.2025, seeking approval for grant of budget against the estimated amount, for taking steps to evict the encroachers. 5. Subsequent to the letter dated 15.09.2025 seeking budget estimate of Rs.2,34,500/- to carry out eviction of the encroachers, the State Government has communicated vide letter dated 02.11.2025, a budget allocation of Rs.135.95869 lakhs for the financial year 2025-26, for conducting eviction drive under the Nagaon District, including the area covered in the present PIL. 6. The letter dated 02.11.2025, issued by the Addl. Director of Land Records, Assam communicating the budget allocation of Rs.135.95869 lakhs for the financial year 2025-26, for conducting the eviction drive states as follows:- Page No.# 4/5 “No.DLR-11015(11)/39/2024-ACC/352 Date 02-11-2025 To: The District Commissioner, Nagaon. Sub: Regarding Budget Allocation for conducting eviction drive under Nagaon District. Ref: Your proposal Nos. (1) Rev-11/66/2023-REV- NGN/687 Dtd.21/03/2025, (2) NRFT.01/2023/86 Dtd.11-07-2025, (3) NRFT.01/2023/85 Dtd.11-07-2025, (4) Rev.11/16/2025-REV-NGN Dtd.31-07-2025, (5) Rev-11/16/2025-REV- NGN Dtd. 30-07-2025, (6) Rev-11/26/2024-REV-NGN/I/400523/2025 Dtd.15-09-2025. Sir, With reference to the letters and subject above, I am directed to inform that Budget Allocation of 135.95869 Lakh has been issued through Finassam portal vide Allotment No. NAG/GAD/001_2025-26(1)_41 for the financial year 2025-26 for the expenditures related to conducting eviction drives under Nagaon District (Copy enclosed). You are, therefore, requested to take necessary steps for utilization of the Budget provision in accordance with the existing financial rules and regulations, and to submit the financial sanction proposal through the Finassam portal along with all relevant documents, i.e. detailed break-up of expenditure with justification, order copies, and duly authenticated bills, etc., for taking further necessary action. This is for favour of your kind information and necessary action.” 7. In view of the above letter dated 02.11.2025, this Court is of the view that the process for eviction should be started off in right earnest by the competent authority in accordance with law. As such, there is nothing left to be decided in Page No.# 5/5 this case. 8. The letter dated 02.11.2025, issued by the Addl. Director of Land Records, Assam is made a part of the record and marked as Annexure-X. 9. The PIL is accordingly closed. JUDGE JUDGE Comparing Assistant