Page No. 1/4 GAHC010058312025 2025:GAU-AS:3325 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1641/2025 BIDYAL RAJBHAR @ BIDYA BHAR S/O- RAMCHANDRA RAJBHAR @ BHAR, VILLAGE- BORIGAON JANGAL, P.O.- KHOWRANG, P.S.- UDALGURI, DISTRICT- UDALGURI, BTC, ASSAM, PIN- 784509. VERSUS THE STATE OF ASSAM AND 6 ORS. REPRESENTED BY THE COMMISSIONER, REVENUE AND DISASTER MANAGEMENT DEPARTMENT, ASSAM SECRETARIAT, DISPUR, GUWAHATI- 781006. 2:THE BODOLAND TERRITORIAL COUNCIL REPRESENTED BY THE PRINCIPAL SECRETARY-CUM-CHIEF EXECUTIVE OFFICER BTC SECRETARIAT KOKRAJHAR P.O. AND P.S.- KOKRAJHAR DISTRICT- KOKRAJHAR BTC ASSAM PIN- 783370. 3:THE SECRETARY REVENUE DEPARTMENT BTC SECRETARIAT KOKRAJHAR ASSAM PIN- 783370. 4:THE DISTRICT COMMISSIONER UDALGURI Page No. 2/4 DISTRICT- UDALGURI BTC ASSAM PIN- 784509. 5:THE CIRCLE OFFICER UDALGURI DISTRICT- UDALGURI BTC ASSAM PIN- 784509. 6:KHANTARI PUKHURI COMMITTEE REPRESENTED BY ITS PRESIDENT AMRIT KARKI RESIDENT OF BORIGAON JUNGAL P.O.- KHOWRANG P.S.- UDALGURI DISTRICT- UDALGURI BTC ASSAM PIN- 784509. 7:KHANTARI PUKHURI COMMITTEE REPRESENTED BY ITS SECRETARY GOVINDA SHARMA RESIDENT OF BORIGAON JUNGAL P.O.- KHOWRANG P.S.- UDALGURI DISTRICT- UDALGURI BTC ASSAM PIN- 784509 Advocate for the Petitioner : MR. S CHAUHAN, B CHOWHAN,R DEB,M. BORUAH,MR. P MAZUMDER Advocate for the Respondent : SC, REVENUE, SC, BTC BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER Date : 24.03.2025 Heard Mr. S. Chauhan, learned counsel for the petitioner; Ms. P.R. Mahanta, learned Standing Counsel, Revenue & Disaster Management Department for the respondent no. 1; Ms. R.B. Bora, learned Standing Counsel, BTC for the respondent nos. 2, 3 & 5; and Ms. M. Page No. 3/4 Barman, learned Junior Government Advocate, Assam for the respondent no. 4. 2. The petitioner has claimed that the petitioner and his family have been in possession of a plot of Government land measuring 5 Bighas, Dag no. 99 [Part], located in Village No. 2 Phuhurabari, Mouza – Udalguri, Udalguri Revenue Circle since about five decades. To support such fact, the petitioner has enclosed receipts evidencing deposit of Encroachment Penalty [Bedakhali Jorimona]. By a Notice issued on 13.12.2024, the respondent no. 5 had asked the petitioner to appear for a hearing on 16.12.2024 on the ground that he had received a complaint from the respondent nos. 6 & 7 stating unauthorised encroachment by the petitioner. Thereafter, in the impugned Notice dated 13.02.2025 [Annexure-23] issued to the petitioner, the respondent no. 5 had observed that the petitioner has unauthorisedly encroached into land reserved for No. 2 Phuhurabari to Borigaon Jungal Road and therefore, the petitioner should remove such obstruction / encroachment. The petitioner was asked to appear before the respondent no. 5 on 17.02.2025 to explain his case or else, necessary action would be taken as per the relevant laws. 3. Mr. Chauhan, learned counsel for the petitioner has submitted that on receipt of the Notice dated 13.02.2025, the petitioner has already appeared before the respondent no. 5 and submitted all the documents with regard to the petitioner’s bona fide claim for possession and occupation of the land measuring 5 Bighas, covered by Government Dag no. 99 [Part], located at Village No. 2 Phuhurabari. Mr. Chauhan has further submitted that the petitioner is not in occupation of any land reserved for No. 2 Phuhurabari to Borigaon Jungal Road. 4. Ms. Bora, learned Standing Counsel, BTC has submitted that since the petitioner has already responded to the Notice dated 13.02.2025 and if no speaking order has been passed thereafter by the respondent no. 5, this writ petition can be disposed of with a direction to the respondent no. 5 to consider the explanation given by the petitioner in the hearing before the respondent no. 5 on 17.02.2025 and all other supporting documents submitted by the petitioner with regard to the petitioner’s claim rebuttal possession and occupation of the land mentioned in the Notice dated 13.02.2025. Page No. 4/4 5. On perusal of the Notice dated 13.02.2025, issued to the petitioner by the respondent no. 5, it is noticed that the petitioner was asked to appear before the respondent no. 5 on 17.02.2025 to explain his case with regard to the allegation that the petitioner has illegally encroached upon the land reserved for No. 2 Phuhurabari to Borigaon Jungal Road. Since the petitioner has already appeared before the respondent no. 5 in response to the Notice dated 13.02.2025 and has submitted all the supporting documents in respect of his claim for long possession of 5 Bighas of land falling within Government Dag no. 99 [Part] at Village No. 2 Phuhurabari and in rebuttal of the allegation regarding unauthorised encroachment of land reserved for No. 2 Phuhurabari to Borigaon Jungal Road, the respondent no. 5 shall bring the proceeding initiated by the Notice dated 13.02.2025 to its logical conclusion by passing a reasoned order giving due consideration to the case of the petitioner, within a period of one month from the date of submission of a copy of this order by the petitioner at his office. The petitioner is also granted liberty to submit additional supporting documents along with a written representation to supplement his bona fide claim for possession and occupation of 5 Bighas of land and in rebuttal to the Notice dated 17.02.2025 before the respondent no. 5 within a period of seven days from today. During the interregnum, there shall not be any coercive against the petitioner on the basis of the Notice dated 17.02.2025. It is further observed that if the respondent no. 5 reaches a conclusion that the petitioner is in encroachment of any area of land reserved for No. 2 Phuhurabari to Borigaon Jungal Road in the speaking order then the respondent no. 5 shall not take further coercive action for a period of one month thereafter, in order to facilitate the petitioner to avail appropriate remedial measure either vacating the encroached part him or availing legal remedy available under the law. 6. With the observations and the directions given above, the writ petition is disposed of. JUDGE Comparing Assistant