Page No.# 1/5 GAHC010281452025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/7302/2025 HILAL UDDIN S/O- LATE ABDUL MANNAN, R/O- VILLAGE GEREKONI BEEL, P.O- BESAMARI, P.S- DHING, DIST- NAGAON, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, LAND AND REVENUE DISASTER MANAGEMENT DEPARTMENT, DISPUR, GUWAHATI-6. 2:THE DISTRICT COMMISSIONER NAGAON PIN-782001 ASSAM 3:THE CIRCLE OFFICER DHING REVENUE CIRCLE DHING NAGAON ASSA Advocate for the Petitioner : MS S S ZIA, MR H R A CHOUDHURY Advocate for the Respondent : SC, REVENUE, GA, ASSAM Page No.# 2/5 BEFORE HONOURABLE MR. JUSTICE KARDAK ETE ORDER Date : 17.12.2025 Heard Mr. H.R.A. Choudhury, learned Senior Counsel assisted by Ms. S.S. Zia for the petitioner. Also heard Mr. J. Hadique, learned State Counsel for State-Respondent and Ms. N. Bordoloi, learned Standing Counsel for the Revenue Department. 2. By filing this writ petition the petitioner has put to challenge the notice dated 03.12.2025 passed by the Circle Officer, Dhing Revenue Circle, Nagaon, Assam whereby, having found that the petitioner has illegally dug ponds/fisheries by encroaching Government/Mayadi Marshlands at Gererkoni Beel and nearby places under the revenue village of Gererkoni Beel has decided to carry out eviction with effect from 19.12.2025 by providing an opportunity to raise an objection to the petitioner in writing. 3. Having considered the nature of the case in this proceedings and as agreed to by the learned counsel for the petitioner, the same is taken up and disposed of at the motion stage. 4. The petitioner claims that his father was the owner and possessor of the land measuring 3 kathas under Patta No. 278, Dag No. 222 at Dhing Revenue Circle, Mouza Dhing in the District of Nagaon, by way of inheritance. On the death of his father, the petitioner being the son and the legal heir is in peaceful possession of the said land by way of inheritance along with his family members. 5. It is the case of the petitioner that the respondents with a view to preserve Page No.# 3/5 the Beel, initiated an action against those persons who have encroached illegally by digging fisheries and ponds in the Beel. However, the respondent authorities on presumption that the petitioner is also one of the encroachers, who illegally dug the ponds and fisheries resulted in obstructing the free flow of water, wrongly issued the impugned notice dated 03.12.2025 to the petitioner by holding that the petitioner has illegally dug fisheries and ponds at Gorerkoni Beel for which the eviction drive shall be carried out with effect from 19.12.2025. 6. Mr. H.R.A. Choudhury, learned Senior Counsel for the petitioner submits that the petitioner is in peaceful possession of the said miyadi patta land by inheritance from his father since many years and the residential house was constructed in the year 2005. He submits that the petitioner has not dug any ponds and fisheries obstructing the free flow of the water. He further submits that pursuant to the impugned notice dated 03.12.2025, the petitioner has submitted objection along with the required documents on 09.12.2025 for consideration as he has been validly possessing the myadi land. However, the same has not been considered. Therefore, he apprehends that the petitioner would be illegally evicted by the respondent authorities without considering the genuine claim of the petitioner and therefore, the learned Senior Counsel seeks interference of the impugned notice issued on 03.12.2025. 7. Mr. J. Handique, learned State Counsel by referring to the impugned notice submits that the petitioner is found to be indulging in illegal digging of ponds/fisheries by encroaching the Govt./myadi land at Gorerkoni Beel and nearby the places which have obstructed the natural flow of the water, which has caused damage to the villages in the locality. Therefore, the Circle Officer, Dhing Revenue Circle, Nagaon has legally issued a notice for eviction, Page No.# 4/5 which shall be carried out w.e.f. 19.12.2025 providing the petitioner an opportunity to raise an objection, if any. 8. Considered the submissions of the learned counsels for the parties. 9. The impugned notice dated 03.12.2025 indicates that public notice was issued on 12.06.223 by the District Magistrate, Nagaon by reflecting that the occupation of Govt./miyadi Marshlands and obstruction/stopping of the natural flow of water passing through any Govt. or myadi land is an offence under the Disaster Management Act, 2005. The Circle Officer having found that the petitioner has illegally dug ponds/fisheries by encroaching the Govt./myadi land at Gorerkoni Beel, which has obstructed the natural flow of water and caused damage to the villages of the locality, has decided to carry out eviction w.e.f. 19.12.225 by providing an opportunity to raise the objection to the petitioner. 10. It is noticed that the petitioner appears to have submitted his objection on 09.12.2025 stating that the lands in question was allowed in favour of the father of the petitioner in the year 1974 and they have been residing on the said land by constructing residential house and also that the flow of water of Gorerkoni Beel does not make any impact on the land of the petitioner and the water of the Beel passes through a culvert on the road side without any disturbance of any sort. 11. It has been stated at the Bar that the Circle Officer, Dhing Revenue Circle, Nagaon is yet to consider the written objection submitted by the petitioner. 12. Having considered that the Circle Officer, Dhing Revenue Circle, Nagaon, who issued notice to carry out eviction w.e.f. 19.12.2025 by providing an opportunity to the petitioner to raise objection, if any, and consequent to which Page No.# 5/5 the petitioner has filed his objection along with the documents on 09.12.2025, I am of the considered view that the objection of the petitioner as directed by the Circle Officer, Revenue Circle requires to be considered in accordance with law. It would serve the interest of justice, if the respondent authorities, particularly the Circle Officer, is directed to dispose of the objection filed by the petitioner within a specified time frame. 13. Accordingly, it is directed that the Circle Officer, Dhing Revenue Circle shall consider the objection dated 09.12.2025 filed by the petitioner within a period of 10 days from today. It is provided that within these 10 days no coercive action shall be taken against the petitioner. 14. The writ petition stands disposed of. JUDGE Comparing Assistant