CHANMAHAMMAD ALI AND 134 ORS v. THE STATE OF ASSAM AND ORS
WP(C)/1451/2026 · 2026-03-09
Sanjay Kumar Medhi
Writ Petition (Civil)body2026
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[ 2026 DAILYLAW 1279 (GAU) · dailylaw.ai ]
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[ 2026 DAILYLAW 1279 (GAU) · dailylaw.ai ]
Judgment text
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Page No.# 1/26 GAHC010050292026
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1451/2026 CHANMAHAMMAD ALI AND 134 ORS C/O - JAMIR ALI, VILLAGE - PACHANIAPARA , P.O-BONGARA , P.S- BONGARA, PS- AZARA, DISTRICT - KAMRUP METRO, STATE - ASSAM 2: MONTI ALI C/O - RIYAJ ALI VILLAGE - AZARA P.O-BONGARA P.S- BONGRA DISTRICT - KAMRUP METRO STATE - ASSAM 3: MAR MAHANUR ALI C/O - MANIR ALI VILLAGE - PACHANIAPARA P.O-BONGARA DISTRICT - KAMRUP METRO STATE - ASSAM 4: MARJINA BEGUM WIFE OF- ACHAMAT ALI
VILLAGE -PACHANIAPARA P.O-BONGARA P.S- BONGRA DISTRICT - KAMRUP METRO STATE- ASSAM 5: BANECHA BIBI C/O- CHAHARAB ALI
VILLAGE - PACHANIAPARA P.O-BONGARA P.S- AZARA DISTRICT - KAMRUP METRO
Page No.# 2/26 STATE- ASSAM 6: MD AMIR ALI C/O- MAHIM ALI VILLAGE- PACHANIAPARA P.O-BONGARA P.S- BONGRA DISTRICT- KAMRUP METRO STATE - ASSAM 7: MD JAMIR ALI C/O- MD. MUKAM ALI
VILLAGE- PACHANIAPARA P.O-BONGARA P.S- BONGRA DISTRICT KAMRUP METRO STATE - ASSAM 8: SUKHUNA ALI C/O BHANGA ALI
VILLAGE- PACHANIAPARA P.O-BONGARA P.S- BONGRA DISTRICT KAMRUP METRO STATE - ASSAM 9: TALFAZAL ALI C/O TAHER ALI
VILLAGE- PACHANIAPARA P.O-BONGARA P.S- BONGRA DISTRICT- KAMRUP METRO STATE - ASSAM 10: MD. KHAIBUDDIN AHMED C/O- LT.
B ALI
VILLAGE- ISLAMPUR P.O-BONGARA P.S- BONGRA DISTRICT- KAMRUP METRO STATE - ASSAM 11: ABDUL ALI C/O- FECHA ALI
Page No.# 3/26 VILLAGE- RANGA PANI RANI KHENA ALI BARI DISTRICT -KAMRUP METRO STATE - ASSAM 12: AMAJED ALI C/O- NAJIRUDDIN ALI
VILLAGE-RANGAPANI RANGAPARA DISTRICT- KAMRUP METRO STATE - ASSAM 13: ARFAN ALI C/O- AASAR ALI
VILLAGE- DEUR ALI P.O- BONGORA P.S- AZARA DISTRICT- KAMRUP METRO STATE - ASSAM 14: MD BABUL ALI C/O- AHED ALI
VILLAGE- RANGAPARA DISTRICT- KAMRUP METRO STATE - ASSAM 15: BATABAR ALI C/O- BAHADUR ALI VILLAGE- RANGAPARA DISTRICT- KAMRUP METRO STATE - ASSAM 16: TARACHAN BIBI C/O- CHONALI ALI VILLAGE -PACHANIAPARA P.O-BONGARA P.S- BONGRA DISTRICT - KAMRUP METRO STATE - ASSAM 17: NAJAR ALI C/O- LATE JURAN ALI R/O- DEORALI BONGARA DIST- KAMRUP METRO
Page No.# 4/26 ASSAM 18: AINUDDIN ALI C/O- ANZIR ALI VILL- KHENA ALLI BARI DIST- KAMRUP ASSAM 19: MAHIBAR RAHMAN C/O- BHABAN ALI R/O- NEAR KHENALLIBARI L.P. SCHOOL ISLAMPUR DEURALI DIST- KAMRUP METRO ASSAM 20: NUR MAHAMMAD ALI C/O- MAMUD ALI R/O- MATIA ISLAMPUR DIST- KAMRUP METRO ASSAM 21: SAIFUDDIN AHMED SON OF- RAHMAN ALI VILL- KHENNA ALI PO- BONGARA PS- AZARA DIST- KAMRUP (M) ASSAM 22: HASER ALI C/O- UMAR ALI R/O- ISLAMPUR BONGARA DIST- KAMRUP METRO ASSAM 23: ABUT ALI C/O- JAMA ALI R/O- BONGARA DIST- KAMRUP METRO ASSAM 24: MAHAR ALI C/O- CHITPATIYA ALI R/O- BONGARA DIST- KAMRUP METRO ASSAM
Page No.# 5/26 25: ABDUL ALI C/O- KANDO ALI VILL- FUTURI NO. 1 DIST- KAMRUP ASSAM 26: KERAMAT ALI C/O- HACHER ALI R/O- PACHANIYA PARA DIST- KAMRUP METRO ASSAM 27: ANJANA BEGUM C/O- SAHJAHAN ALI. R/O- PACHANIAPARA. DIST- KAMRUP METRO ASSAM 28: ANSER ALI SON OF- SAYEB ALI VILLAGE- JANGLIPAR PO- BONGARA PS- AZARA DIST- KAMRUP (M) ASSAM 29: AJIM ALI C/O- KHASNUR ALI R/O- ISLAMPUR BONGARA DIST- KAMRUP METRO ASSAM 30: RAJU ALI C/O- ALIMSHA ALI VILL- MATIYA. DIST- KAMRUP ASSAM 31: RUBUL ALI C/O- UMAR ALI. R/O- PACHANIYA PARA. DIST- KAMRUP METRO ASSAM 32: JYOTSHNA BIBI C/O- MANTAZ ALI. R/O- PACHANIYA PARA. DIST- KAMRUP METRO ASSAM 33: BAHARUL ALI C/O- HASHER ALI.
R/O- PACHANIYA PARA. DIST- KAMRUP METRO ASSAM
Page No.# 6/26 34: DEBALA NATH C/O- HAREN NATH. R/O- PACHANIYA PARA. DIST- KAMRUP METRO ASSAM 35: KACHIR ALI C/O- HACHER ALI. VILL- ISLAMPUR. DIST- KAMRUP ASSAM 36: SAMIR ALI C/O- CHIYAMAT ALI. VILL- BHALUKGHATA ALAGJARI.DIST- KAMRUP ASSAM 37: SABED ALI C/O- SADDULA ALI. VILL- ZIAKUR NO. 2. DIST- KAMRUP ASSAM 38: REHENA KHATUN C/O- ALI HUSSAIN. R/O- NEAR 2 NO MASZID PACHANIAPARA.DIST- KAMRUP METRO ASSAM 39: HARAMUJ ALI C/O- JUBAN ALI. VILL- RANGAPANI. DIST- KAMRUP ASSAM 40: ASPIARA BEGUM C/O- NOOR ISLAM ALI. R/O- MATIYA ISLAMPUR. DIST- KAMRUP METRO ASSAM 41: IRFAN ALI SON OF- HAREJ ALI VILLAGE- PACHANIAPARA PO- BONGARA PS- AZARA DIST- KAMRUP M ASSAM 42: MINARA BEGUM WIFE OF ANOWAR ISLAM VILLAGE-LOWER MIRZAPUR PO- AZARA PS- AZARA DIST-KAMRUP M ASSAM 43: JUMAR ALI
Page No.# 7/26 SON OF- KASAM ALI VILLAGE- PACHANIAPARA PO- BONGARA PS- AZARA DIST- KAMRUP METRO ASSAM 44: SADDAM HUSSAIN C/O- NAUMN ALI. R/O- PACHANIYAPARA. DIST- KAMRUP METRO ASSAM 45: MAJID ALI C/O- BHONDA SEIKH. R/O- PACHANIYAPARA. DIST- KAMRUP METRO ASSAM 46: LATIF ALI C/O- PANBAR ALI. R/O- PACHANIYAPARA. DIST- KAMRUP METRO ASSAM 47: JAKIR HUSSAIN C/O- MAHIM ALI. R/O- MATIA ISLAMPUR. DIST- KAMRUP METRO ASSAM 48: MD CHAHARAB ALI C/O- MD. CHHAHARUM ALI. R/O- MATIYA. DIST- KAMRUP METRO ASSAM 49: AJAHAR ALI C/O- CHAHARUM ALI. VILL- NO. 1 FUTURI. DIST- KAMRUP ASSAM 50: GULAPJAN BIBI WIFE OF- NAOMAN ALI. R/O- PACHANIYA PARA PO- BONGARA PS- AZARA DIST- KAMRUP METRO ASSAM. 51: SHEIK NAZABUDDIN C/O- SHEIK NATHUNI. VILL- PACHANIAPARA. DIST- KAMRUP ASSAM 52: TAIZUDDIN ALI SON OF DEBI ALI VILLAGE- MATIA PAHAR PO-BONGARA PS- AZARA DIST- KAMRUP M
Page No.# 8/26 ASSAM 53: ANOWARA BEGUM C/O- AKRAM HUSSAIN. R/O- PACHANIYA PARA.
DIST- KAMRUP METRO ASSAM 54: HAJRAT ALI C/O - MAHAMMAD ALI VILL- PACHANIYA PARA BONGARA DISTRICT KAMRUP METRO STATE- ASSAM 55: UZUIR ALI C/O - DILBAR ALI VILL- PACHANIYA PARA BONGARA DISTRICT - KAMRUP METRO STATE - ASSAM 56: ATIKUR ALI C/O - MAHAN ALI VILL- PACHANIYAPARA BONGARA DISTRICT - KAMRUP METRO STATE - ASSAM 57: SAMSUL ALI C/O - SULEMAN ALI VILL- PACHANIYA PARA BONGARA DISTRICT - KAMRUP METRO STATE - ASSAM 58: AJIRUDDIN ALI C/O - HASAMAT ALI VILL- DHALIPAR FUTURI NO.1 DISTRICT - KAMRUP METRO STATE - ASSAM 59: RAHETUN NESSA C/O-AIZAL HOQUE VILLAGE- PACHANIYA PARA BONGARA P.O- BONGRA DISTRICT - KAMRUP METRO STATE - ASSAM 60: GOLJAR ALI C/O- RUPSAN ALI VILLAGE- PACHANIYA PARA BONGARA
Page No.# 9/26 P.O-BONGRA DISTRICT- KAMRUP STATE - ASSAM 61: ABDUL HUSSAIN C/O- INTAZ ALI VILLAGE- AZARA SUB DISTRICT- KAMALPUR DISTRICT KAMRUP METROSTATE - ASSAM 62: NAZIB ALI C/O- TAHEF ALI VILLAGE- PACHANIYA PARA BONGARA P.O- BONGRA DISTRICT KAMRUP METRO STATE - ASSAM 63: LALCHAN ALI C/O- AHINA ALI VILLAGE- PACHANIYA PARA P.S-AZARA DISTRICT KAMRUP METRO STATE - ASSAM 64: TASIR ALI C/O- HASER ALI VILLAGE- PACHANIYA PARA BONGARA DISTRICT KAMRUP METRO STATE - ASSAM 65: CHANMAHAMMAD ALI C/O- RAMA ALI VILL PACHANIYA PARA AZARA BONGARA DISTRICT KAMRUP METRO STATE - ASSAM 66: ABED ALI C/O- AJIM ALI VILL PACHANIYA PARA AZARA BONGARA DISTRICT KAMRUP METRO STATE ASSAM 67: MAHAN ALI C/O- BANGASHI SHEIKH VILL -FUTURI FUTURI NO.1
Page No.# 10/26 DISTRICT KAMRUP METRO STATE - ASSAM 68: MAIKAN BIBI C/O- PIYAR ALI VILL PAT GAON TO GARCHUK MATIYA AZARA DISTRICT KAMRUP METRO STATE - ASSAM 69: MD SIRAJ ALI C/O- NAUSAD ALI VILL PACHANIYA PARA BONGARA P.S -AZARA DISTRICT KAMRUP METRO STATE - ASSAM 70: MANSHER ALI C/O- MOHD.
MAHNUR ALI VILL -BONGARA DISTRICT KAMRUP METRO STATE - ASSAM 71: RUFIYA BEGUM C/O- RUPCHAD ALI VILL- PACHANIYA PARA BONGARA DISTRICT KAMRUP METRO STATE ASSAM 72: MAINUDDIN ALI C/O - MANIR ALI VILL MATIYA AZARA DISTRICT KAMRUP METRO STATE ASSAM 73: KARAMAN ALI C/O -TAYMUDDIN ALI VILL PACHANIYA PARA PO-BONGARA DISTRICT KAMRUP METRO STATE ASSAM 74: BACHIR ALI C/O - CHAMIR ALI
Page No.# 11/26 VILL- PACHANIYA PARA P.S. AZARA GUWAHATI DISTRICT KAMRUP METRO STATE ASSAM 75: NUR ISLAM C/O- MASUR ALI VILL PACHANIYA PARA BONGARA DISTRICT KAMRUP METRO STATE ASSAM 76: HUSSAIN ALI C/O -GOMA ALI VILL SATGAON AMBANI UDYAN DISTRICT KAMRUP METRO STATE ASSAM 77: MAJAMIL ALI C/O- MASUR ALI VILL PACHANIYA PARA BONGARA DISTRICT KAMRUP METRO STATE ASSAM 78: MABARAK ALI SON OF -KALA ALI VILL BHAGARGAON PO- BHALUKGHATA DISTRICT KAMRUP METRO STATE ASSAM 79: FAIJULLAH ALI C/O- JAFAR ALI VILL KHENA ALLI BARI PO- RANI DISTRICT KAMRUP METRO STATE ASSAM 80: ABDUL ALI C/O- JUBAN ALI VILL- RONGAPANI AZARA PO- AZARA DISTRICT KAMRUP METRO STATE ASSAM 81: NURISLAM ALI C/O -JUBAN ALI VILL- KHENA ALLI BARI
Page No.# 12/26 PO- RANI DISTRICT KAMRUP METRO STATE ASSAM 82: JAMIR ALI C/O- MAHAMMAD VILL FUTURI NO 1 PO- BIJOYNAGAR DISTRICT KAMRUP METRO STATE ASSAM 83: AKELIMA BIBI C/O- MAHAR ALI VILL RONGAPANI PO- RANI DISTRICT KAMRUP METRO STATE ASSAM 84: MUSLIM ALI C/O- MASUR ALI.
VILL PACHANIYA PARA BONGARA DISTRICT KAMRUP METRO STATE ASSAM 85: RAFIK ALI C/O- AKBAR ALI VILL KHENA ALLI BARI PO- RANI DISTRICT KAMRUP METRO STATE ASSAM 86: KHABIRUDDIN AHMED C/O- MOHAR ALI VILL PACHANIYA PARA BONGARA DISTRICT KAMRUP METRO STATE ASSAM 87: EAKRAM ALI C/O- KACHIM ALI
VILL FUTURI PS- CHAYGAON DISTRICT KAMRUP METRO STATE ASSAM 88: JAKIR HUSSAIN C/O- GAHIN ALI VILL ABHIPARA BARDILA CHAPARI DISTRICT KAMRUP METRO STATE ASSAM 89: KURABAN ALI C/O - ACHAR ALI VILLAGE- CHIMINA-2
Page No.# 13/26 SIMINA NO.2 DISTRICT KAMRUP STATE ASSAM 90: RAJAT ALI C/O- SAHRAB ALI VILLAGE MATIYA AZARA DISTRICT - KAMRUP STATE - ASSAM 91: MANJU BIBI C/O - ABDULK ALI VILLAGE- KHENA ALLI BARI DISTRICT KAMRUP STATE ASSAM 92: ROSONARA BIBI C/O- KURBAN ALI VILLAGE NEAR RAILWAY TRACK PACHANIAPARA BONGARA DISTRICT KAMRUP STATE - ASSAM 93: HANIF ALI C/O - PRAMOD ALI VILLAGE- KHENA ALLI BARI DISTRICT KAMRUP STATE ASSAM 94: NUR ISLAM ALI C/O- MOZID ALI VILLAGE ISLAMPUR KHENA ALLI BARI DISTRICT KAMRUP STATE - ASSAM 95: JIYARUL ISLAM C/O - NAJARUL ISLAM VILLAGE- MATIYA AZARA DISTRICT KAMRUP STATE ASSAM 96: NUR HUSSAIN C/O- MAHIM ALI. VILLAGE ISLAMPURMATALPAHAR AZARA DISTRICT - KAMRUP STATE - ASSAM 97: INTAZ GANI C/O - USMAN GANI VILLAGE- PACHANIYA PARA AZARADISTRICT KAMRUP STATE ASSAM 98: LAKHI ALI C/O - SHUKURA ALI VILLAGE- PACHANIAPARA BONGARA DISTRICT KAMRUP STATE ASSAM 99: CHAHRUL ALI C/O- CHALEM ALI VILLAGE PACHANIYAPARA BONGARADISTRICT KAMRUP STATE - ASSAM
Page No.# 14/26 100: MATALIB ALI C/O - PHIROJ ALI VILLAGE- MATLJA AZARADISTRICT KAMRUP STATE ASSAM 101: PIJIR ALI C/O- ALI SHEIKH
VILLAGE - PACHANIYAPARA BONGARA DISTRICT - KAMRUP STATE - ASSAM 102: MABUDA BIBI C/O- CHUBAN ALI VILLAGE -PACHANIYAPARA BONGARA DISTRICT KAMRUP STATE - ASSAM 103: CHEHAR ALI SON OF- KANMUJA VILL-PACHANIAPARA PO-BONGARA DIST- KAMRUP M ASSAM. 104: IYAJUL ALI C/O -ALI VILLAGE -PACHANIYAPARA BONGARA DISTRICT KAMRUP STATE ASSAM 105: ASIKUR RAHMAN C/O- KHANSUR ALI VILLAGE- MATIYA PAHAR AZARA DISTRICT KAMRUPMETRO STATE ASSAM 106: MD NUR HUSSAIN ALI C/O- MD. GOHIN ALI VILLAGE BONGARA DISTRICT KAMRUP STATE - ASSAM 107: MIMUN NECHA C/O- IJAR ALIVILLAGE CHIMINA-2 SIMINA DISTRICT KAMRUP STATE - ASSAM 108: MD ABDUL KARIM C/O- SIRAJ ALI
VILLAGE- 1 NO.
FATURI DAKSHIN SARU BANGSAR DISTRICT - KAMRUP STATE - ASSAM
Page No.# 15/26 109: PRAMILA DAS C/O- NIKUNJA DAS VILLAGE- MILAN NAGAR JOGIPARA DEKAPARA DISTRICT KAMRUP STATE ASSAM 110: CHAMPA BIBI C/O- CHALEM ALI VILLAGE PACHANIYA PARA BONGARA DISTRICT - KAMRUP METRO STATE - ASSAM 111: NUR HUSSAIN ALI C/O- NAUMAN ALI VILLAGE PACHANIYA PARA BONGARA DISTRICT KAMRUP STATE - ASSAM 112: NUR ISLAM ALI C/O- TASER ALI VILLAGE ISLAMPUR RANGAPARA RANI DISTRICT - KAMRUP STATE ASSAM 113: MERAJUL ALI C/O- MANJUR ALI VILLAGE- PACHANIAPARA PO-BONGARA PS-AZARA DISTRICT KAMRUP METRO STATE ASSAM 114: NUR HUSSAIN C/O- SADULLA ALI VILLAGE PACHANIYAPARA BONGARA DISTRICT - KAMRUP METRO STATE - ASSAM 115: AJIJUR RAHMAN C/O- KHARUJ ALI VILLAGE PACHANIYAPARA GUWAHATI BONGARA DISTRICT - KAMRUP METRO STATE - ASSAM 116: KHALIL ALI
Page No.# 16/26 C/O- TILA SHEIKH VILLAGE FUTURI NO.1 BIJOYNAGAR DISTRICT - KAMRUP STATE - ASSAM 117: CHAHABUDDIN ALI C/O- AKESH ALI VILLAGE- PACHANIYAPARA AZARADISTRICT KAMRUP STATE ASSAM 118: HAIDAR ALI C/O- MD. NAONMAN VILLAGE MATIJA BONGARA DISTRICT - KAMRUP METRO STATE - ASSAM 119: MD RAMZAN ALI C/-O MOHD. MUKTAR ALI VILLAGE ISLAMPUR BONGARA DISTRICT - KAMRUP STATE - ASSAM 120: AZAD ALI C/O- KUDRAT ALI VILLAGE 37 NHW PACHANIAPARA BONGARADISTRICT KAMRUP STATE - ASSAM 121: SEKENDAR CHOUDHURY C/O- LT.
JAFAR CHOUDHURY VILLAGE- PACHANIAPARA PO- BONGARA PS- AZARA DISTRICT KAMRUP STATE ASSAM 122: NURJAMAL ALI C/O- MOHAMMAD ALI VILLAGE KAMAR GAON PO-BONGARA DISTRICT - KAMRUP METRO STATE - ASSAM 123: NOUSHAD ALI C/O- LATE HALARU ALI VILLAGE ALLIBARI PO-RANI BOKO DISTRICT - KAMRUP STATE - ASSAM 124: RINA BIBI C/O -NARAYAN CHANDRA DEBNATH VILLAGE LOWER MIRZAPUR AZARA DISTRICT - KAMRUP STATE - ASSAM 125: ROUSHANARA BIBI C/O- MASJNUR ALI VILLAGE ISLAMPUR KHENA ALLI BARI PO-RANI SUB-DISTRICT- PALASBARI DISTRICT - KAMRUP STATE - ASSAM 126: RUPCHAN ALI
Page No.# 17/26 C/O- SAFAD ALI VILLAGE PACHANIYAPARA PS- AZARA SUB-DIVN-GUWAHATI DISTRICT - KAMRUP STATE - ASSAM 127: MAJAMIL ALI C/O- GAFUR ALI VILLAGE- FUTURI NO.2 PO-FUTURI SUB-DISTRICT-PALASHBARI DISTRICT - KAMRUP STATE - ASSAM 128: TABIBAR ALI C/O-CHEHAR ALI VILLAGE PACHANIYAPARA PS- AZARA SUB-DIVN- GUWAHATI DISTRICT - KAMRUP METRO STATE - ASSAM 129: AJMIR ALI C/O- GIYAS ALI VILLAGE PACHANIAPARA BONGARA PS- AZARA DISTRICT - KAMRUP STATE - ASSAM 130: APSHER ALI C/O- BHAKAN ALI VILLAGE ISLAMPUR BONGRA SUB-DISTRICT-AZARADISTRICT - KAMRUP METRO STATE - ASSAM 131: TAFIKUR RAHMAN C/O- FAIJUL ALI VILLAGE- PACHANIYAPARA BONGARA DISTRICT KAMRUP METRO STATE ASSAM 132: JIYARUL HAQUE C/O -FAIJUL HAQUE VILLAGE PACHANIYAPAR BONGARA DISTRICT - KAMRUP METRO STATE - ASSAM 133: RUPCHAN ALI C/O- SAFAT ALI VILLAGE PACHANIYAPARA PO-BONGARA DISTRICT - KAMRUP STATE - ASSAM 134: SAHINA BEGUM C/O- MANOWAR HUSSAIN VILL- PACHANIAPARA BONGARA PS- AZARA
Page No.# 18/26 DIST- KAMRUP METRO ASSAM 135: AJIM ALI C/O -TAMIJ ALI VILLAGE PACHANIYAPARA BONGARA DISTRICT - KAMRUP METRO STATE - ASSA VERSUS THE STATE OF ASSAM AND ORS REPRESENTED BY THE COMMISSIONER SECRETARY, REVENUE AND DISASTER MANAGEMENT DEPARTMENT, DISPUR, GUWAHATI -781006 2:THE DISTRICT COMMISSIONER KAMRUP (M) DISTRICT- KAMRUP (M) ASSAM- 781036 3:THE DEPUTY COMMISSIONER OF POLICE WEST POLICE DISTRICT GUWAHATI GOPINATH BORDOLOI NAGAR JALUKBARI 781013 4:THE CO DISTRICT COMMISSIONER KAMRUP (M) JALUKBARI GUWAHATI-781013 5:THE CIRCLE OFFICER AZARA REVENUE CIRCLE KAMRUP METRO DISTRICT ASSAM 781017 6:THE OFFICER IN CHARGE AZARA POLICE STATION DIST- KAMRUP M ASSAM PIN-78101 Advocate for the Petitioner : MR.
A R BHUYAN, MR N A MAZARBHUIYA,MR N Z CHOUDHURY,MR S ABDULLAH Advocate for the Respondent : GA, ASSAM, SC, REVENUE
Page No.# 19/26 BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
ORDER 10.03.2026 Heard Shri A.R. Bhuyan, learned counsel for the petitioners. Also heard Shri S.S. Roy, learned State Counsel and Shri R. Borpujari, learned Standing Counsel, Revenue Department.
2. 135 nos. of petitioners have joined together in this petition seeking the following relief:
“In the premises of aforesaid it is most respectfully prayed that this Hon'ble Court may graciously be pleased to admit this writ petition, call for the records and issue Rule, calling upon the Respondent authorities to show cause as to why a writ in the nature of Certiorari, Mandamus and/or any other writ, order or direction, as prayed for shall not be issued to:- A) set aside/quash the Impugned eviction notice dated 27/02/2026 issued by the Circle Officer, Azara Revenue Circle, Kamrup (M), Assam; B) set aside/ quash the impugned notice dated 15/09/2025 Issued by the Co- District Commissioner, Kamrup (M); C) set aside/ quash the impugned notice dated 09/02/2026 and 12/02/2026 issued by the Circle Officer, Azara Revenue Circle, Kamrup (M); D) declare that the eviction proposed to be carried out in Pachaniapara, Kamargaon, Deorali and Janglipara revenue village under Dakhinrani Mouza, Kamrup (M) district, without due process of law and is illegal, arbitrary, and unconstitutional; E) declare that the action of the Respondent authorities, including the issuance of notice and initiation of eviction proceedings, is illegal, arbitrary, violative of principles of natural justice, and contrary to the constitutional rights guaranteed under Articles 14 and 21 of the Constitution of India and the land of demolition fixed by the Hon'ble Apex Court in W.P (C) No. 295/2022; F) direct the Respondents to produce before this Hon'ble Court the official records regarding notification/de-notification of Tribal Belt in the district of
Page No.# 20/26 Kamrup (M); G) restrain the Respondents from undertaking any further eviction in Pachaniapara village area until statutory and constitutional safeguards, including rehabilitation, are complied with; H) direct/command the Respondents not to carry out any eviction and/or demolition of any permanent or temporary structure standing over the scheduled lands as stated in the impugned notices dated 27/02/2026; I) direct the Respondent authorities to undertake a proper inquiry and verification of the rights and possession of the Petitioners including
consideration of claims under the Assam Land Policy, 2019, and provide an opportunity of being heard before taking any coercive action; J) direct the Respondent authorities to make adequate provisions for rehabilitation and resettlement of the Petitioners prior to any eviction, in accordance with law. K) direct/command the Respondent authorities to strictly abide by the directions issued by the Hon'ble Apex Court vide order dated 03/02/2020 passed by the Hon'ble Supreme Court of India in SLA(C) No. 2121/2020; L) Pass such other order(s) as may be deemed just and proper in the interest of justice,
equity,
and
good
conscience; -AND- Upon cause/causes being shown by the respondents and on perusal of records and hearing the parties be pleased to make the Rule absolute. -AND- INTERIM PRAYER In the interim pending final disposal of this writ petition, this Hon'ble Court maybe pleased to i. stay/suspend the effect an operation of the impugned eviction notice dated 27/02/2026 issued by the Circle Officer, Azara Revenue Circle;
Page No.# 21/26 ii. Restrain the respondents from disturbing restrain the respondents from the peaceful possession of the petitioners, and from carrying out any demolition or eviction in respect of their houses and residential plots at Pachaniapara, and Kamargaon, Deorali Janglipara revenue village village, under mouza-Dakhinrani, Kamrup (M); iii. Direct/command the Respondents to allow the Petitioners to remain in their aforesaid respective plot of lands till the disposal of the Writ Petition and also not to inflict any coercive action against them; iv. direct/command the Respondents to provide all benefits to the Petitioners including the benefits of the National Food Security Act, 2013, Right to Education Act, 2009, the Assam Panchayat Act, 1995 and all other necessary benefits;
V.Pending disposal of this Writ Petition, it is prayed that this Hon'ble Court may kindly direct the Respondents to maintain status quo with respect to the possession and residence of the affected villagers in Pachaniapara, Kamargaon, Deorali and Janglipara revenue village; -AND- This Hon'ble Court may further be pleased to pass such further order/orders as this Hon'ble Court may deem fit and proper in the interest of justice. 3. The challenge is against an eviction order dated 27.02.2026 whereby the petitioners have been directed to vacate the land situated at Pachaniapara village under Dakhin Rani Mouza in the district of Kamrup (M).
The said eviction is on the ground that the area falls within Tribal Belt and Blocks under Chapter X of the Assam Land and Revenue Regulation, 1886. 4. The petitioners have contended that the area in question is not tribal belt or block but revenue land which are under their occupation. It is also contended that the impugned action is in violation of the principles of natural justice and the Assam Land Policy of 2019. 5. Shri Bhuyan, the learned counsel for the petitioners has, at the outset
Page No.# 22/26 submitted that the petitioners are not the land owners but are possessing the land on the strength of Power of Attorneys. Few of such Power of Attorneys have also been enclosed to the writ petition. He has submitted that the Tribal Belt and Blocks were constituted in the year 1950 and there was a PIL in this Court being PIL No. 78/2012 which was disposed of 09.12.2019. However, taking advantage of the said direction, the impugned action has been taken without first ascertaining as to whether the land in question falls within tribal belts and blocks. He has also submitted that the said action is in gross violation of the direction of the Hon’ble Supreme Court in SLP No. 2121/2020 which has been disposed of vide order dated 03.02.2020. The said SLP had arisen from the order dated 09.12.2019 passed in PIL No. 78/2012 wherein it has been laid down that the Deputy Commissioner was to give reasonable time to the occupants to take recourse to appropriate remedy as permissible in law. He has submitted that while 15 days time has been granted vide the impugned order dated 09.02.2026, the same is only for vacating the land and not for seeking appropriate remedy. He has also highlighted that one of the notice is dated 27.02.2026 which is issued by the Circle Officer and is general in nature and not communicated individually. He accordingly submits that the petitioners have been deprived of their right to put up an effective defence. 6.
Per contra, Shri R. Borpujari, learned Standing Counsel, Revenue Department has submitted that the area in question falls under Tribal Belt and Blocks and the notification in that regard to carry out an eviction process was issued way back in September, 2025. He has submitted that there was no challenge to the said notification wherein, in a tabular form, the description of the land in question was given including the Dag Nos. and the Patta Nos. He has also demonstrated that the notice directing the petitioners to produce appropriate documents also contains the description of the land which matches with the initial notice of September 2025 and therefore it would be too late in the day on the part of the petitioner to contend that the area in question does not fall within the Tribal Belt and Blocks. Page No.# 23/26
7. By drawing attention of this Court to the initial notice of September, 2025 which has been enclosed at page 130, the learned Standing Counsel has submitted that from the said date, more than 6 months have elapsed and in between, hearing was held from 15.10.2025 to 22.10.2025 and only thereafter the eviction notice has been issued. 8. He submits that there is full compliance with the direction of the Division Bench in the order dated 09.12.2019 and the subsequent direction of the Hon’ble Supreme Court dated 03.02.2020 in which, the order of the Division Bench was the subject matter of challenge. He has submitted that the aspect of giving reasonable time to the occupants to take recourse to appropriate remedy has been duly fulfilled inasmuch as almost 6 (six) months time was taken for completion of the proceeding followed by further 15 days time to vacate the premises. 9.
The learned Standing Counsel has also highlighted the aspect of preserving lands earmarked as Tribal Belt and Block which is also a statutory requirement under Chapter X of the Assam Land and Revenue Regulation, 1886 which pertains to protection of backward classes. 10. Shri S.S. Roy, the learned State Counsel has endorsed the submissions advanced by the learned Standing Counsel, Revenue Department. He has highlighted that all procedural safeguards have been given to the petitioners. By drawing the attention of this Court to the Power of Attorneys on which reliance has been made by the petitioners, he has submitted that from the same, it does not reveal that the petitioners are either landless or being erosion affected and those have been executed giving an omnibus power to the petitioners to deal with the land. 11. Shri Bhuyan, the learned counsel for the petitioners, in his rejoinder has submitted that Regulation 164 and 165 under Chapter X deals with the rights of settlement holders and land holders and ejectment and eviction. He has submitted that the conditions mentioned therein are not fulfilled and the impugned action has
Page No.# 24/26 not taken into consideration the relevant factors. He otherwise submits that a reasonable time has not been granted to the petitioners. 12. The rival contentions have been duly considered. 13. The initial notice was issued on 15.09.2025 (appears to be 25.09.2025in the vernacular) whereby it was notified that the area in the schedule which is a part of the Tribal Belt and Block under Chapter X of the Regulation of 1886.It was stated in the notice that persons belonging to non-protected category have occupied certain plots of land within the Tribal Belt and Block of Pachaniapara Revenue village under the Azara Revenue Circle. There is also a mention of the communication dated 15.09.2025whereby the Sub Divisional Commissioner was directed to conduct an enquiry on such illegal occupation of land under the Tribal Belt and Blocks. In course of such enquiry the said notice was issued categorically mentioning the name of the village, the Patta nos., the Dag nos.
and the area involved whereby the persons in possession of the land thereunder were directed to submit required documents within the time specified as stipulated under Section 165 of the Assam Land & Revenue Regulation, 1886. 14. It is to be noted that there is no specific challenge per se to the aspect that the land in question is a part of the tribal belt and block. The subsequent notice dated 09.02.2026 clearly reveals that hearing was conducted from 15.10.2025 to 22.10.2025 in which certain documents like non-registered sale deed, Aadhaar Card, Voter Card, Ration Card, Gaon Pradhan Certificate, Erosion affected Certificate were furnished. There is a clear finding that such document would not constitute any evidence to show that the incumbent falls under the protected class under Chapter X of the Regulation of 1886.The petitioners were accordingly granted 15 days time to vacate the premises. 15. A similar notice has also been issued on 27.02.2026 enclosing a list as Annexure A containing the particulars of the persons who are in possession along with the
Page No.# 25/26 particulars of land under their possession. Though a submission has been made that the notice dated 27.02.2026 cannot be construed to be a notice on a individual basis, this Court is of the opinion that the said notice only conveys the decision that after hearing the petitioners and on perusal of the documents produced, the same could not convince the authority to come to a conclusion that the petitioners were within the protected class under Chapter X of the Regulation of 1886.The very fact that the said notice contains an enclosure as Annexure-A containing the details of the persons along with the areas under their possession would show that each of the persons were given a hearing which is also evident from the observation made that hearing was conducted from 15.10.2025 to 22.10.2025 in the office of the Co-District Commissioner, Jalukbari. 16.
16. This court has also duly perused the order dated 03.02.2020 passed by the Hon’ble Supreme Court in SLP No. 2121/2020 which had arisen from the PIL No. 78/2012. This Court is of the considered opinion that the observations made by the Hon’ble Supreme Court regarding giving adequate time has been duly complied with. This Court is also unable to accept the submissions made that the procedure adopted is summary in nature inasmuch as, the initial notice was issued in September 2025 in which a full-fledged process of hearing was conducted leading to passing of the impugned order. 17. Under those facts and circumstances, this Court is of the opinion that after giving all the procedural safeguards, the impugned decision has been arrived at and all the relevant factors have been taken into consideration. It is needless to state that while exercising certiorari jurisdiction, this Court is to see as to whether the relevant factors have been taken into consideration and the principles of natural justice has been adhered to. In the instant case, it clearly appears that the impugned decision is based on the relevant factors which is in sync with the requirements of Chapter X of the Assam Land and Revenue Regulation, 1886 and due opportunity of hearing was granted to the petitioners. Page No.# 26/26
18. In the conspectus of the aforesaid discussion, this Court is of the view that no case for interference is made out and accordingly the writ petition is dismissed. JUDGE Comparing Assistant