Page No.# 1/4 GAHC010053292018 2026:GAU-AS:10460 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1652/2018 KHALILUR RAHMAN S/O LATE HAJRAT ALI, VILLAGE KHATARBORI KICHAMTOR (KHATARBORI), PO BHURBANDHA, DIST. MORIGAON, ASSAM PIN-782104 VERSUS THE STATE OF ASSAM AND 4 ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, LAND AND REVENUE (REGISTRATION) DEPARTMENT, DISPUR, GUWAHATI-6 2:THE DEPUTY COMMISSIONER PO AND DIST. MORIGAON ASSAM PIN-782105 3:THE CIRCLE OFFICER MORIGAON REVENUE CIRCLE PO AND DIST. MORIGAON ASSAM PIN-782105 4:THE GAON BURA OFFICE OF THE KHATARBORI GAON BURA UNDER DUNDOA MOUZA VILLAGE KHATARBORI PO-BHURBANDHA DIST. MORIGAON ASSAM PIN-782104 5:CHITESWAR BARDALOI S/O LATE DHANURAM BARDALOI Page No.# 2/4 VILLAGE KHATARBORI KICHAMTOR (KHATARBORI) PO-BHURBANDHA DIST. MORIGAON ASSAM PIN-78210 For the Petitioner(s) : Mr. M. Islam, Advocate For the Respondent(s) : Mr. H. Sarmah, Govt. Advocate BEFORE HON’BLE MR. JUSTICE DEVASHIS BARUAH O R D E R 29.07.2026 Heard Mr. M. Islam, the learned counsel appearing on behalf of the Petitioner. Mr. H. Sarmah, the learned counsel appears on behalf of the Respondent Nos.2 and 3. None appears on behalf of the Respondent Nos.1, 4 and 5 on call. 2. The present writ petition has been filed by the Petitioner challenging the proposed action on the part of the Respondent Nos.2 and 3 to evict the Petitioner. The apprehension of the Petitioner is on the basis of the land under the Petitioner’s occupation being inserted in a list dated 12.03.2018 which has been enclosed as Annexure-8 to the writ petition. 3. The learned counsel appearing on behalf of the Petitioner Page No.# 3/4 submitted that in terms with the judgment of the Division Bench of this Court in the case of Md. Salak Uddin vs. State of Assam & Others, reported in (2024) SCC Online Gau 921, issuance of notice is mandatory prior to initiation of any proceedings for eviction. 4. Mr. H. Sarmah, the learned counsel who appears on behalf of the Respondent Nos.2 and 3 also submitted that in view of the judgment passed by the learned Division Bench in Md. Salak Uddin(supra), if the Respondent Authorities take any steps for eviction, the same shall be done by issuance of notice upon the Petitioner. 5. Considering the above, this Court is of the opinion that merely on the basis of the name of the Petitioner's land inserted in the list dated 12.03.2018, the Petitioner cannot be evicted. The Petitioner can only be evicted by following the mandate of law and more particularly the judgment of the learned Division Bench in the case of Md. Salak Uddin (Supra). 6. Accordingly, the instant writ petition stands disposed of with the following observations and directions:- (i) The Petitioner herein cannot be evicted merely by inserting the land under the occupation of the Petitioner in a list dated 12.03.2018 which is enclosed as Annexure 8 to the writ petition. Page No.# 4/4 (ii) It is observed that if the Respondent Authorities, more particularly the Respondent Nos.2 and 3 take any steps for eviction of the Petitioner, the same has to be done only by following the due process of law, i. e. by issuance of notice thereby granting an opportunity to show cause as to whether the Petitioner has the right to occupy the land in question. (iii) Interim order if any stands vacated. (iv) No costs. JUDGE Comparing Assistant