Page No.# 1/8 GAHC010012952026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/367/2026 SURMAN ALI AND 20 ORS S/O - LATE JAHED ALI, VILLAGE - 1 NO. BHELKAR 4 NO. DOKANIA, P.O BHELKAR BAZAR, P.S.-HAJO, DISTRICT- KAMRUP, ASSAM, PIN -781102. 2: MAINUL HOQUE S/O - LATE ILIMUDDIN ALIAS ILIM ALI VILLAGE- PANDITAR PAM 4 NO. DOKANIA P.O.- SHILGURI P.S.-HAJO DISTRICT- KAMRUP ASSAM PIN - 781103 3: ABDUR ROHIM S/O - LATE ILIMUDDIN ALIAS ILIM ALI VILLAGE- PANDITAR PAM 4 NO. DOKANIA P.O.- SHILGURI P.S.-HAJO DISTRICTASSAM PIN - 781103 4: SABIA KHATUN ALIAS CHABIYA KHATUN D/O - LATE ILIMUDDIN ALIAS ILIM ALI VILLAGE- PANDITAR PAM 4 NO. DOKANIA P.O.- SHILGURI P.S.-HAJO DISTRICT- KAMRUP ASSAM PIN -781103 5: ABUL NASER S/O - LATE SULTAN ALI VILLAGE- TAPABARI 4 NO. DOKANIA P.O.- TAPABARI Page No.# 2/8 P.S.-HAJO DISTRICT- KAMRUP ASSAM PIN -781102. 6: CHAHERA BIBI D/O- LATE MAINUDDIN VILLAGE- PANDITAR PAM 4 NO. DOKANIA P.O.- SHILGURI P.S.-HAJO DISTRICT KAMRUP ASSAM PIN - 781103 7: BAREK ALI S/O - HAZARAT ALI VILLAGE- GAONBURAR PAM 4 NO. DOKANIA P.O.- SHILGURI P.S.-HAJO DISTRICT- KAMRUP ASSAM PIN - 781103 8: CHAIDULAAH ALI S/O - LATE MAINUDDIN VILLAGE- PANDITAR PAM 4 NO. DOKANIA P.O.- SHILGURI P.S.-HAJO DISTRICT- KAMRUP ASSAM PIN - 781103 9: IBRAHIM ALI S/O - MAKTEL VILLAGE- GAONBURA PAM 4 NO. DOKANIA P.O.- SHILGURI P.S.-HAJO DISTRICT- KAMRUP ASSAM PIN - 781103. 10: SONABAR ALI S/O - LATE MOSLIM ALI VILLAGE- PANDITAR PAM 4 NO. DOKANIA P.O.- SHILGURI P.S.-HAJO DISTRICT- KAMRUP ASSAM PIN -781103. Page No.# 3/8 11: JUMAR ALI S/O- NURJAMAL VILLAGE- PANDITAR PAM 4 NO. DOKANIA P.O.- SHILGURI P.S.-HAJO DISTRICT- KAMRUP ASSAM PIN - 781103 12: AJIRAN NESSA S/O - AMJAD ALI ALIAS ANDH ALI VILLAGE- PANDITAR PAM 4 NO. DOKANIA P.O.- SHILGURI P.S.-HAJO DISTRICT- KAMRUP ASSAM PIN - 781103 13: IMAN ALI S/O - HAYED ALI VILLAGE- GAONBURAR PAM 4 NO. DOKANIA P.O.- SHILGURI P.S.-HAJO DISTRICT KAMRUP ASSAM PIN - 781103 14: SWAHID ALI S/O- DEWAN ALI VILLAGE- KURIHAMARI P.O.- BHANGNAMARI P.S.-SHIALMARI DISTRICT- NALBARI ASSAM PIN - 781126 15: SIDDIQUE ALI S/O - DEWAN ALI VILLAGE- GAONBURAR PAM 4 NO. DOKANIA P.O.- SHILGURI P.S.-HAJO DISTRICT- KAMRUP ASSAM PIN - 781103 16: ABDUL KHALEK S/O- ABDUL SARKAR VILLAGE- TAPABARI 4 NO. DOKANIA Page No.# 4/8 P.O.- TAPARI P.S.-HAJO DISTRICT- KAMRUP ASSAM PIN -781102 17: MOBARAK ALI S/O - HAZARAT ALI VILLAGE- PANDITAR PAM 4 NO. DOKANIA P.O.- SHILGURI P.S.-HAJO DISTRICT- KAMRUP ASSAM PIN -781103 18: MOFIDA KHATUN ALIAS MAFIDA BEGUM S/O - HAZARAT ALI VILLAGE- GAONBURAR PAM 4 NO. DOKANIA P.O.- SHILGURI P.S.-HAJO DISTRICT- KAMRUP ASSAM PIN - 781103 19: BAKSA ALI S/O - MAINUDDIN VILLAGE- PANDITAR PAM 4 NO. DOKANIA P.O.- SILGURI P.S.-HAJO DISTRICT- KAMRUP ASSAM PIN - 781103 20: DEHUN NABI S/O- LATE NURJAMAL VILLAGE- GAONBURAR PAM 4 NO. DOKANIA P.O.- SHILGURI P.S.-HAJO DISTRICT- KAMRUP ASSAM PIN - 781103 21: BACHIRAN NECHA C/O- DELDO JAHAN VILLAGE- GAONBURAR PAM 4 NO. DOKANIA P.O.- SHILGURI P.S.- HAJO DISTRICT- KAMRUP Page No.# 5/8 ASSAM PIN - 78110 VERSUS THE STATE OF ASSAM AND 7 ORS REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM, REVENUE AND DISASTER MANAGEMENT DEPARTMENT, DISPUR, ASSAM, GUWAHATI - 781006 2:THE COMMISSIONER AND SECRETARY HOME AND POLITICAL DEPARTMENT GOVERNMENT OF ASSAM DISPUR GUWAHATI 781006. 3:THE DIRECTOR OF LAND RECORDS AND SURVEYS GOVERNMENT OF ASSAM RUPNAGAR GUWAHATI 781032. 4:THE DISTRICT COMMISSIONER KAMRUP AMINGAON PIN-781031. 5:THE SENIOR SUPERINTENDENT OF POLICE KAMRUP AMINGAON DIST- KAMRUP ASSAM PIN- 781031. 6:THE CIRCLE OFFICER (CIVIL) HAJO REVENUE CIRCLE KAMRUP DIST- KAMRUP ASSAM PIN- 781102. 7:THE BLOCK DEVELOPMENT OFFICER HAJO DEVELOPMENT BLOCK HAJO PIN-781102. Page No.# 6/8 8:THE OFFICER IN CHARGE HAJO POLICE STATION KAMRUP ASSAM PIN-781102 Advocate for the Petitioner : MR. M BHAGABATI, MS. B TALUKDAR Advocate for the Respondent : GA, ASSAM, SC, REVENUE BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 28.01.2026 Heard Mr. M Bhagawati, learned counsel for the petitioner. Also heard Mr. M. Das, learned counsel appearing for the respondent Nos. 2, 4, 5, 6 & 8 and Mr. R Borpujari, learned Standing Counsel, Revenue for the respondent Nos. 1 & 3. 2. The Petitioners were 21 in numbers claimed to be residents of No. 4 Dokania Village under Paschim Bongshar Mouza within the Hajo Revenue Circle, Kampur District, Assam. The petitioners claimed to be flood affected or eroded families who were uprooted and were given these land by the government at the relevant point of time in the year 1997 and since then these families have been residing in these areas and they have valid land documents. The petitioners are aggrieved by notice dated 26.12.2025 whereby the petitioners who were occupying or encroaching upon lands covered by PGR Nos. 19, 20, 22, 23 and 47 of No. 1 Dokonia Village under Hajo Revenue Circle, Kamrup District have been instructed to vacate and hand over possession of the land within 15 days. 3. The learned counsel for the petitioners submits that they have been settled with their land since the year 1997 and they are in possession of the Page No.# 7/8 valid land documents and nowhere is it mentioned that they are residents of No. 1 Dokoniya Village. Therefore, the impugned notice which on the basis of incorrect information and the petitioners were not given an opportunity of hearing before the authorities contemplated to take possession of the said land. The learned counsel for the petitioner submits that a representation has been filed before the Additional Deputy Commissioner, Kamrup on 30.12.2025 which has remained pending and no orders have been passed. Under such circumstances, the petitioners are before this court and it is submitted that without verification of the valid documents which the petitioners possess, they ought not to be evicted from the said land as they are not residents of the PGR/VGR land under No. 1 Dokoniya Village but residents of the lands allotted under No.4 Dokoniya Village. 4 The respondent counsel submit that they were given 15 days time in the said notice however, they did not respond to the said notice by filing necessary representation . 5. Having heard learned counsel for the parties, this Court is of the view that the notice dated 26.12.2025 calling upon the respondents to vacate the land and hand over possession did not provide any opportunity to the petitioners for a hearing an examination of their documents prior to taking any steps before the authorities. The representation filed before the Additional Deputy Commissioner has also not been disposed of at this stage. 6. Under such circumstances, this court is of the view that ends of justice will be met if the writ petition is disposed of at this stage by permitting the petitioners to file detailed representations supported by necessary documents individually by the petitioners before the Deputy Commissioner, Kamrup. The Deputy Commissioner or any authorized officer entrusted by the Deputy Page No.# 8/8 Commissioner will thereafter conduct a detailed hearing on a case to case basis by examining all the relevant documents and thereafter pass individual speaking orders. Copies of which are to be served on the writ Petitioners. 7. If upon such verification the petitioners are found to be occupants of VGR/PGR land then the procedure prescribed under law will be undertaken by the State authorities. 8. The petitioners will file their fresh applications by 13.02.2026 from today along with all necessary documents before the DC concerned and thereafter the Deputy Commissioner will proceed to hear the matter and pass individual orders within 30 days thereafter. Any such order that is passed, needless to say, the same shall be served on the writ petitioner. 9. The writ petition accordingly disposed of in terms of the above 10. Copy of the order be marked to the Office of the Senior Government Advocate Assam for onward communication. 11. Meanwhile, till such final orders are passed, no steps will be taken by the Respondent pursuant to the impugned notice dated 26.12.2025. JUDGE Comparing Assistant