Page No.# 1/3 GAHC010190412026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4833/2026 KARIM ALI AND ANR S/O SEKENDER ALI, RESIDENT OF VILLAGE MALIBARI SATRA, P.O. MALIBARI BAZAR, P.S. NAGARBERA, IN THE DISTRICT OF KAMRUP, ASSAM, PIN CODE- 781127 2: SAHJAHAN ALI ALIAS CHAAAHJAHAN ALI S/O ALAUNDDIN ALI RESIDENT OF VILLAGE MALIBARI SATRA P.O. MALIBARI BAZAR P.S. NAGARBERA IN THE DISTRICT OF KAMRUP ASSAM PIN CODE- 781127 VERSUS THE STATE OF ASSAM AND 2 ORS , REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, REVENUE ANP DISASTER MANAGEMENT DEPARTMENT, ASSAM SECRETARIAT, DISPUR, GUWAHATI 781006, ASSAM. 2:THE DISTRICT COMMISSIONER KAMRUP ASSAM AMINGAON ASSAM PIN-781031. 3:THE CIRCLE OFFICER NAGARBERA REVENUE CIRCLE NAGARBERA KAMRUP ASSAM PIN781127 ASSAM Page No.# 2/3 Advocate for the Petitioner : MR. M R SODIAL, MR B ISLAM,MS S Z HAYAT Advocate for the Respondent : GA, ASSAM, SC, REVENUE BEFORE HONOURABLE MR. JUSTICE RAJESH MAZUMDAR ORDER Date : 07.09.2026 Heard Mr. R. Ali, learned counsel for the petitioner. Also heard Ms. N. Bordoloi, learned Standing Counsel, Revenue Department, appearing for the Respondent No. 1, and Mr. N. Das, learned counsel appearing for the Respondent Nos. 2 and 3. 2. The learned counsel appearing for the petitioner has submitted that the petitioner received a notice dated 21.08.2026 directing him to vacate the encroached Government land at Malibari Satra covered by Dag Nos. 97 and 98, within a period of 15 days from the date of receipt of the notice, failing which legal action would be initiated against the petitioner for forcible eviction and recovery of the land. 3. The learned counsel for the petitioner has further submitted that the petitioner submitted a representation dated 24.08.2026 before the District Commissioner, Kamrup(Amingaon), which was received on the same date. However, the said representation has not yet been disposed of and the petitioner apprehends that he may be evicted without being afforded any further opportunity of hearing or without his representation being considered. 4. Accordingly, the learned counsel for the petitioner has prayed before this Court that the respondents be directed to dispose of the representation dated 24.08.2026 after affording the petitioner an opportunity of hearing, so as to enable him to produce the original documents in his possession and place his case before the appropriate authority. 5. Mr. N. Das, learned counsel appearing for the Respondent Nos. 2 and 3, has submitted that the representation of the petitioner would receive due consideration by the concerned authorities before any eviction steps are taken. He has further submitted that there would be no prejudice in allowing the petitioner to appear with the original documents and place his case before the concerned authority. 6. Accordingly, I am of the considered opinion that the petitioner may be allowed to appear before the District Commissioner, Kamrup (Amingaon) on 11.09.2026 along with all the original documents Page No.# 3/3 that he may have in his possession and place his case with regard to the allegation of encroachment upon Government land. 7. The Respondent No. 2 shall look into the grievance raised by the petitioner and, after affording him an opportunity of personal hearing, dispose of the representation dated 24.08.2026 by passing a speaking order at the earliest. 8. Till such speaking order is passed, status quo with regard to the possession of the petitioner over the disputed land shall be maintained. 9. Writ petition is accordingly disposed of. JUDGE Comparing Assistant