Extracted from the PDF above. The PDF is authoritative.
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2026:GAU-AS:14773
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4788/2025 SARBESWAR KALITA S/O- LATE MITHARAM KALITA, H.NO-5, VAISHNAV DEVI PATH, NO-2 MATHGHARIA, NEAR MODERN HIGH SCHOOL, P.O- NOONMATI, GUWAHATI-20, ASSAM 2: RUMI DAS TALUKDAR W/O- LATE GUNAJIT TALUKDAR
SHIV NAGAR NO-2 SALBARI
P.O- NOONMATI GUWAHATI-20 ASSAM 3: PARIMA DEVI TALUKDAR W/O- LATE PARMA NANDA TALUKDAR
SHIV NAGAR NO-2 SALBARI
P.O- NOONMATI GUWAHATI-20 ASSAM 4: BHUP NARAYAN CHOUDHURY S/O- LATE RAM NARAYAN CHOUDHURY
JAYANTA NAGAR H. NO-34 A
P.S AND P.O- NOONMATI GUWAHATI-20 ASSAM
Page No.# 2/5 5: PULENDRA KUMAR TALUKDAR S/O- LATE HARENDRA NATH TALUKDAR
H.NO-10 AJANTA NAGAR KHALBARI
P.O- NOONMATI GUWAHATI-20 ASSAM 6: SONARAM SAIKIA S/O- SARUKAN SAIKIA SHIV NAGAR NO-2 SALBARI P.O- NOONMATI GUWAHATI-20 ASSAM 7: DULAL PATHAK S/O- LATE SURYA RAM PATHAK H.NO-56 EAST JYOTINAGAR P.O- NOONMATI GUWAHATI-20 ASSAM 8: BIJULEE PATGIRI WO- BINOD PATGIRI H.NO- 23 BISHNU RAVA NAGAR BYE LANE -6 P.O- NOONMATI GUWAHATI-20 ASSAM 9: MAUSUMI KAKATI H.NO- 24 BISHNU RAVA NAGAR BYE LANE -6 P.O- NOONMATI GUWAHATI-20 ASSAM 10: SURENDRA NATH BHATTACHARYA S/O- LATE BHUBANESWAR BHATTACHARYA H.NO- 10
Page No.# 3/5 MATHGHARIA SRINAGAR NEAR SRINAGAR L.P SCHOOL P.O- NOONMATI GUWAHATI-20 ASSA VERSUS INDIAN OIL CORPORATION LTD A COMPANY INCORPORATED UNDER THE COMPANIES ACT , 1956 HAVING ITS REGISTERED OFFICE AT G-9, ALIYAVAR JUNG MARG, BANDRA (EAST), MUMBAI-400051, 2:EXECUTIVE DIRECTOR INDIAN OIL CORPORATION LTD REFINARIES DIVISION GUWAHATI REFINERY NOONMATI GUWAHATI-20 3:THE MANAGER (EMPLOYEES RELATIONS) INDIAN OIL CORPORATION LTD GUWAHATI REFINERY NOONMATI GUWAHATI-2 Advocate for the Petitioner : MR S J CHOUDHURY, MS N RABHA,MR N TALUKDAR,MR. N NATH Advocate for the Respondent : MR. N BARUAH, SC, I O C(R1,2,3), MS. P DUTTA(R1,2,3)
BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY
ORDER Date : 05.10.2026
1. Heard Mr. A Rajkhowa, learned counsel for the petitioners. Mr. N Baruah, learned standing counsel, Indian Oil Corporation Limited.
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2. The petitioners are small businessmen and claim to have been carrying out their respective businesses for the last 20/30 years from their shops situated near the IOCL refinery at Noonmati. They claim that they run their shops from a market called Noonmati Market, established by IOCL in 1962 to cater to the needs of the residents of the IOCL township.
3. On 08.08.2025, a letter was issued under the signature of the Manager (Employee Relations), intimating the petitioners that the land under their occupation belongs to the Indian Oil Corporation Limited, Guwahati Refinery, and advised them to furnish any Ownership Document/Authorization Letter, or Agreement between the IOCL authority and them, and such information was to be furnished by the petitioners on or before 28.08.2025, and it was also intimated that otherwise they would have to vacate their occupation.
4. Being aggrieved, the petitioners have approached this court.
5. Mr. N Baruah, learned standing counsel, IOCL, on instruction, submits that there is no intention of IOCL, as of now, to evict the petitioners or/or that the letter is not part of any proposed eviction drive. Rather, it was an intimation to gather information on the rights of the petitioners in this regard.
6. On instruction, he further submits that no eviction action shall be carried out against the petitioners without adhering to the procedure laid down in the Public Premises (Eviction of Unauthorized Occupants) Act, 1971.
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7. However, the learned counsel for the petitioners submits that a bare perusal of the impugned communication, dated 08.08.2025, discloses that the intention was nothing but eviction and, in fact, this is an eviction notice issued without following any procedure prescribed under law.
8. Be that as it may, in view of the statement of the
learned Counsel for the respondent Corporation, the learned counsel for the petitioners submits that, for now, they would not like to press this petition; however, liberty is sought to approach this Court once again if any cause of action arises.
9. Accordingly, the writ petition stands disposed of on the basis of the undertaking given by the IOCL authority through its learned Standing Counsel. Liberty is granted to the petitioners to approach this Court if necessity arises. JUDGE Comparing Assistant