Page No. 1/6 GAHC010167042026 2026:GAU-AS:11646 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4250/2026 MOJBUL HAQUE AND ANR SON OF LATE SAMAR ALI 2: MOKBUL HUSSAIN SON OF LATE SAMAR ALI BOTH ARE THE RESIDENT OF VILLAGE ALOMGANJ PART-VII P.O. ALOMGANJ P.S. DHUBRI DIST DHUBRI ASSAM VERSUS THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM, REVENUE AND DIASTER MANAGEMENT DEPARTMENT, F BLOCK, IST FLOOR, ASSAM SECRETARIAT (CIVIL), DISPUR, GUWAHATI, ASSAM,PIN-781006. 2:THE DISTRICT COMMISSIONER DHUBRI P.O. AND DISTRICT- DHUBRI ASSAM. PIN- 783301 3:THE ADDITIONAL DISTRICT COMMISSIONER DHUBRI P.O. AND DISTRICT- DHUBRI ASSAM PIN- 783301 4:THE CIRCLE OFFICER GAURIPUR REVENUE CIRCLE DHUBRI Page No. 2/6 ASSAM PIN- 78333 Advocate for the Petitioner : MRS. S ROY, MS DHRITI HAZARIKA Advocate for the Respondent : GA, ASSAM, SC, REVENUE AND DISASTER MANAGEMENT DEPT BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER Date : 13.08.2026 Heard Mr. S. Roy, learned counsel for the petitioners; Ms. G. Hazarika, learned Standing Counsel, Revenue Department for the respondent no. 1; and Mr. H. Sarma, learned Additional Senior Government Advocate, Assam for the respondent nos. 2 – 4. 2. Issue notice. As all the parties are represented, as sought for by the learned counsel for the parties and in view of the order to be passed in this writ petition, the notice is made returnable forthwith. Accordingly, the writ petition is taken up for disposal. 3. The petitioners have instituted this writ petition under Article 226 of the Constitution of India to assail a Notice dated 10.07.2026 served upon the petitioner no. 2 by the respondent no. 3 exercising power purportedly under Rule 18[2] of the Settlement Rules framed under the Assam Land and Revenue Regulations, 1886. By the impugned Notice, the noticee has been directed to show cause and file representation along with supporting documents within a period of fifteen days from the date of issuance of the Notice as to why the noticee should not be evicted from a plot of Government Khas land, covered by Dag no. 9 [Pt.], situate at Village – Alamganj Part – VII, Gauripur Revenue Circle, District – Dhubri. It is further mentioned that in the event the noticee would file a show cause reply / representation is filed at his office, the same shall be heard and decided in accordance with law. 4. In the Notice, it is mentioned that as per a Report of the Circle Officer, Gauripur Revenue Circle, District – Dhubri, Assam, it has come to the notice of the respondent no. 3 Page No. 3/6 that the noticee has illegally entered into possession of Government Khas land at Village – Alamganj Part – VII, without having any lawful occupation over the said land. 5. It is the case of the petitioners that they are sons and successors-in-interest of one Late Samar Ali. It is stated that as Samar Ali was found to be a landless person, he was allotted a plot of surplus land under Ceiling Case no. 1 [D]/G.J./75-76 and he was put into possession of the allotted land. After being in possession, Samar Ali was enjoying continuous and uninterrupted possession of the said allotted plot of land by constructing his residential houses and paying land revenues to the State Government. It is further mentioned that during the settlement operation, the Settlement Authority conducted field verification and upon being satisfied that Samar Ali was in actual possession of the allotted land, issued an Allotment Certificate in his favour which was recorded in Land Register no. 2695 with Serial no. 171435 dated 12.01.1990. It is further mentioned that his application for settlement of the ceiling surplus land was processed under the provisions of the Assam Fixation of Ceiling on Land Holdings Act, 1956 and the Government Land Policy, 1989. 6. The petitioners have further submitted that upon due enquiry and verification, the Collector & Additional Deputy Commissioner, Dhubri passed an Order bearing no. D.R.L.1[D]/G.J./75-76/390[A] dated 17.09.2014 under Section 17[1] of the Assam Fixation of Ceiling on Land Holdings Act, 1956 read with the Government Land Policy, 1989 approving settlement of two plots of land measuring :- [i] 1 Katha 3 Lessas under New Dag no. 11/26 [corresponding to parts of Old Dag nos. 2 & 21]; and [ii] 19 Lessas under New Dag no. 9/25 [corresponding to parts of Old Dag nos. 2 & 21], after excluding the roadside land at Revenue Village – Alamganj Part-VII, Gauripur Revenue Circle, District – Dhubri in favour of Samar Ali. By the Order dated 17.09.2014 a premium amount of Rs. 5,360/- was also fixed and Samar Ali during his lifetime deposited the said premium amount vide a Treasury Challan dated 09.07.2014. 7. It is the further case of the petitioners that by the Order dated 17.09.2014, the Collector & Additional District Commissioner, Dhubri directed the Assistant Settlement Officer & Circle Officer, Dhubri Revenue Circle to carry out the necessary corrections in the revenue Page No. 4/6 records. Pursuant to the Order dated 17.09.2014, the Revenue Authorities had issued a Periodic Khiraj Patta no. 32 for the two plots of land, viz. [i] measuring 1 Katha 3 Lessas under Dag no. 11; and [ii] 19 Lessas under Dag no. 335, fixing the land revenues while classifying the two plots of land as ‘Bari’. 8. With the above projections, the petitioners have contended that the respondent no. 3 could not have issued the impugned Notice dated 10.07.2026 classifying the plot of land under Dag no. 9 as Government Khas land, exercising power under Rule 18[2] of the Settlement Rules. It is the contention of the petitioners that the plot of land under Dag no. 9 [Part] is not a Government Khas land, as a Khiraj Patta had already been issued in favour of Late Samar Ali, and the said plot of land has now been inherited by the petitioners including the noticee, they being the sons and successors-in-interest of Late Samar Ali. It is further mentioned that only because the necessary corrections in the revenue records are not carried out, as directed by the Order dated 17.09.2014, due to laches on the part of the respondent authorities, the impugned Notice has been issued. It is contended that as the plot of land measuring 19 Lessas settled out of Old Dag no. 9/25 has not been assigned the New Dag no. 335 as per Periodic Khiraj Patta no. 32, the impugned Notice has been issued whereas in view of the settlement already made in favour of Late Samar Ali, a Notice under Rule 18 of the Settlement Rules would be illegal and without authority. 9. Mr. Sarma, learned Additional Senior Government Advocate, Assam appearing for the respondent nos. 2 – 4 has submitted that in response to the impugned Notice dated 10.07.2024, the petitioner no. 2 as the noticee has already submitted a reply on 18.07.2026 stating that the above facts as pleaded in this writ petition. He has submitted that as in the Notice the respondent no. 3 has mentioned that after filing of the show cause reply / representation, the noticee would be heard and thereafter, the matter would be decided in accordance with law and as per the version of the petitioners, no Order has been passed by the respondent no. 3 after filing of the show cause reply / representation by the petitioner no. 2 as the noticee on 18.07.2026, this writ petition can be disposed of with a direction to the respondent no. 3 to pass a speaking order. He has further submitted that a period of one month would be reasonable and sufficient for the respondent no. 2 to pass a speaking order Page No. 5/6 thereon. 10. Ms. Roy, learned counsel appearing for the petitioners has submitted that apart from the show cause reply / representation dated 18.07.2026, the petitioners have also submitted an application for correction in the revenue records as regards the two plots of land measuring 19 Lessas by creation of New Dag no. 335 out of Old Dag no. 9/25. Ms. Roy has submitted that a direction be made to the respondent no. 3 also to take the said application on board also along with the show cause reply / representation dated 18.07.2026. 11. Taking into consideration the broad consensus arrived at by the learned counsel for the parties in the afore-stated manner, and as it is submitted that the respondent no. 3 is yet to pass an order after submission of the show cause reply / representation dated 18.07.2026, this Court is of the considered view that instead of keeping this writ petition pending, the writ petition can be disposed of with a direction to the respondent no. 3 to take the show cause reply / representation submitted by the petitioner no. 2 before him on 18.07.2026 as well as the other application dated 18.07.2026 seeking correction in the revenue records pertaining to New Dag no. 335 and Old Dag no. 9/25 on the basis of Period Khiraj Patta no. 32 on board, and thereafter, to dispose of the show cause reply / representation and the other application by way of speaking order[s] within a period of one month from the date of submission of a certified copy of this order at his office by the petitioners. It is accordingly ordered. The petitioner no. 2 at the time of submission of the certified copy of this order shall also inform whether any opportunity of personal hearing is to be afforded to them or not and if such a request for personal hearing is made then the respondent no. 3 shall afford the opportunity of personal hearing to the petitioners and thereafter, pass the speaking order[s] by taking into consideration the facts, projected by the petitioners in the afore-stated manner, with verification of the records. It is further observed that in the event the speaking order[s] to be passed is/are adverse to the interests of the petitioners, then no consequential action should be taken thereafter for a period of one month from the date of passing of such speaking order[s], to enable an opportunity to the petitioners to seek appropriate remedy available under the law. Page No. 6/6 12. With the observations made and directions given above, the writ petition is disposed of. There shall, however, be no order as to cost. JUDGE Comparing Assistant