Page No.# 1/27 GAHC010053012026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WA/73/2026 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.# 2/27 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.# 3/27 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.# 4/27 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.# 5/27 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.# 6/27 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.# 7/27 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.# 8/27 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.# 9/27 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.# 10/27 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.# 11/27 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.# 12/27 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.# 13/27 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.# 14/27 100: 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.# 15/27 109: 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.# 16/27 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.# 17/27 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.# 18/27 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 5 ORS. TO BE REPRESENTED BY THE COMMISSIONER AND 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 S ABDULLAH Advocate for the Respondent : SC, REVENUE AND DISASTER MANAGEMENT DEPT, GA, ASSAM Page No.# 19/27 BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 13-03-2026 (K.R. Surana, J) Heard Mr. K.N. Choudhury, learned senior counsel assisted by Mr. A.R. Bhuyan, learned counsel for the appellants. Also heard Mr. R. Borpujari, learned standing counsel for the respondent no. 1 and Mr. S.S. Roy, learned Additional Senior Govt. Advocate for respondent nos. 2 to 6. 2. By filing this intra Court appeal, the appellants have assailed the judgment and order dated 10.03.2026, passed by the learned Single Judge in WP(C)/1451/2026, by which the writ petition was dismissed. Facts of the case: 3. The case of the appellants is that some of them are attorney holders of various plots of land located in 4 (four) revenue villages under Dakhin Rani mouza, namely, Pachaniapara, Kamargaon, Deorali and Janglipara in the district of Kamrup (Metro). By virtue of the said power of attorneys, the respective pattadars have entrusted the concerned appellants to look after the land in question and they were allowed to posses the respective land. Some of the appellants are legal heirs of such attorney holders. It is claimed that the title remains with the patta holders. It is also projected that all the appellants are landless people who were adversely affected by flood and erosion and they also Page No.# 20/27 belong to the Gorai-Moria Assamese community. It is projected that after obtaining possessory right over the patta land, the appellants have constructed their houses for shelter, which is stated to be an essential fundamental right enshrined under Article 21 of the Constitution of India. It is also projected that over the time, the appellants have obtained ration card, aadhaar card, voter identity card, job card, etc., and that they have been residing un-disturbed for several years and their reasonable expectation of rehabilitation in terms of the provision of the Assam Land Policy, 2019. 4. The appellants have been served eviction notice dated 29.05.2025 and the appellants had responded to the said notice and ultimately the Circle Officer, Azara Revenue Circle issued eviction notices dated 09.02.2026 and 12.02.2026, followed by another 15 (fifteen) days’ notice dated 27.02.2026. The learned Senior counsel has submitted that the said 15 (fifteen) days’ period likely to be over by 14.03.2026 and hence, the urgency. 5. The further case of the appellants is that as they are in lawful possession of the land, in order to be evicted by applying Chapter-X of the Assam Land and Revenue Regulation, 1886, the respondents would have to establish that land had been transferred to the appellants, which is not so in this case. Accordingly, the dismissal of the writ petition on the very first day, without examining the issue gives rise to the reason to challenge the impugned judgment and order. 6. Accordingly, on the grounds that the impugned judgment and order is vitiated due to error of fact and law; non-consideration of general power of attorney and/ or consensual possession of the land through their patta holders; Page No.# 21/27 non inclusion of the names of the appellants in the records of rights; absence of land transfer, non-examination of factual matrix in its correct perspective; failure to examine core issues; and discriminatory action by the State, the present appeal has been filed to assail the impugned judgment and order dated 10.03.2026. Submissions by the learned senior counsel for the appellants: 7. Referring to the various documents which are part of this memo appeal, it is submitted that there is no specific finding by the respondent authorities that the provision of Regulation Section 162 (2) of the Assam Land and Revenue Regulation, 1886 was attracted in the case against the appellants as they had acquired possession of the land by way of transfer, exchange, lease, agreement or settlement of any land. It is submitted that only if any transfer has taken place as per Clause 2 of Regulation 162 is attracted, only then the transfer and possession of land can be said to be illegal so as to attract the adverse consequences of Chapter-X of the Assam Land and Revenue Regulation, 1886. 8. Pressing all the ground of appeal, it has been submitted that on allegations that the land protected under Chapter-X of the Assam Land and Revenue Regulation, 1886 have been rampantly encroached, this Court has entertained PIL/78/2012, which was disposed of by order dated 09.12.2019, by directing, amongst others, that the areas in illegal occupation of non-tribals and other persons who are not eligible to hold possession of land be evicted after following due process of law. One aggrieved person had assailed the said judgement and order dated 09.12.2019, passed by the Division Bench of this Page No.# 22/27 Court in PIL/78/2012, before the Supreme Court of India, which was registered as Special Leave to Appeal (C) D No.2121/2020 and the Supreme Court of India, by an order dated 03.02.2020 directed the Deputy Commissioner to proceed against the unauthorized occupants as per law – which presupposes that the Deputy Commissioner must examine the claim of each occupant on case to case basis and after recording satisfaction in light of evidence produced before him and proceed to pass appropriate order(s) as per law. It was further directed that if the order is adverse to the occupants, the Deputy Commissioner must give reasonable time to the occupants to take recourse to appropriate remedy as may be permissible in law. 9. Accordingly, alleging that the manner in which the proceedings were conducted amounted to denial of principles of natural justice and moreover, as the Supreme Court of India has said that a reasonable time should be granted to the occupants, 15 (fifteen) days’ notice is wholly inadequate. 10. Hence, it has been submitted that the respondent authorities have exercised powers without having inherent jurisdiction and accordingly, the issues raised in the writ petition were required to be duly examined by the learned Single Judge and the same having not been done, this appellate Bench would definitely examine the issues raised. 11. Accordingly, the learned senior counsel for the appellants has prayed for admission of this appeal and to stay the eviction process by passing appropriate orders in the connected Interlocutory application. Submissions by the learned Departmental and State counsel: Page No.# 23/27 12. The learned standing counsel for the Revenue Department has submitted that the notice was issued on 25.09.2025 upon all the illegal occupants of land belonging to Tribal belt/ Block in all four revenue villages. The noticees were asked to submit the required documents within the stipulated time and to appear before the hearing to be held at the office of the Sub- Divisional Officer (Civil), Jalukbari on any working day on or before 15.10.2025. It is submitted that it is mentioned in the eviction notice dated 09.02.2026 and 12.02.2026 that hearing took place from 15.10.2025 to 22.10.2025 at the office of the Co-District Commissioner, Jalukbari. It is submitted that in the said two notices dated 09.02.2026 and 12.02.2026, it has been mentioned that the concerned appellants whose documents have been annexed in the writ petition and forming part of the memo of appeal that those illegal occupants had submitted documents like (i) Non-registered sale deed, (ii) Aadhaar Card, (iii) Voter Card, (iv) Ration Card, (v) Gaon Pradhan Certificate, (vi) Erosion affected certificate from Palasbari Revenue Circle, which were not sufficient to prove that they were protected class as per Chapter-X of the Assam Land and Revenue Regulation, 1886 and therefore, the addressee of the notice dated 09.02.2026 and 12.02.2026 and similar other notices were asked to vacate the land and remove structures from there within 15 (fifteen) days from the date of receipt of notice. It is submitted that as land was not vacated another notice dated 27.02.2026, granting 15 (fifteen) days’ time to vacate the land was issued. Accordingly, it is submitted that the State respondents have scrupulously adhered to the directions contained in the order dated 03.02.2020 passed by the Supreme Court of India in SLP (C) D No. 2121/2020 by the given sufficient time to the appellants to vacate or face eviction. Page No.# 24/27 Reasons and Decision: 13. Chapter-X of the Assam Land and Revenue Regulation, 1886 is for protection of backward classes with provisions for protection of certain classes which include Tribal belt area and accordingly, provisions were made regarding prohibition on transfer of land within Tribal belt areas under Regulation 162(2) thereof, it has been provided as follows:- “162(2).- Notwithstanding anything to the contrary in any laws, usage, contract or agreement, no person shall acquire or possess by transfer, exchange, lease, agreement or settlement any land in any area or areas constituted into belts or blocks in contravention of the provisions of sub-section (1): Provided that nothing contained in this chapter or in the rules made thereunder, shall affect any transfer by way of a mortgage in favour of any nationalized bank, a Co-operative Society registered under the Assam Co-operative Society Act, 1949 (Assam Act I of 1950), or such other financing institution as may be approved by the State Government.” 14. According to the appellants, the appellants have been occupying land in Tribal belt, though they are not the protected class of people. It is contended that the appellants have been occupying part of the Tribal belt land as permissive occupiers to look after and maintain the property. In the opinion of the Court, the said submission cannot be accepted as it would dilute the very purpose of protection of backward classes. If a land cannot be transferred by way of sale, lease, exchange or settlement, the possession of such protected land cannot be allowed to be given to a non-protected class by any sort of Private arrangement, Power of Attorney, etc. It may be stated herein that in the writ petition, it was alleged that the land was not in Tribal Belt, but that is not found sustainable by any record include land revenue record. Page No.# 25/27 15. In the further considered opinion of the Court, if the owner of the land in the Tribal belt, before protection was granted under Chapter-X of the Assam Land and Revenue Regulation, 1886 and/or if the owners of land who are themselves members of the protected class allows a non-protected class to be in possession of land with their consent with right to constructed homes as admitted in paragraph 3.2 of the Memo of Appeal, this would also fall within the mischief of “transfer of possession” by way of an “oral agreement”. As would be evident from Regulation 162(2), even by way of an agreement, possession cannot be transferred and in the further consideration of the Court, even an oral arrangement or agreement would continue to be an “agreement” which is untenable as per Regulation 162(2). 16. Though, the learned senior counsel for the appellants has strenuously submitted that most of the appellants are permissive occupiers on being allowed to remain on protected land by the owners to look after and manage the land, but as per the contents of the notice dated 09.12.2026 and 12.02.2026 issued by the Circle Officer, Azara Revenue Circle (Annexure-4 series to the writ petition), in paragraph-5 thereof, it has been mentioned that the concerned appellants whose documents have been annexed have produced documents like non-registered sale deed, implying transfer of ownership and/or possession. The production of non-registered sale deed is also reflected in paragraph-14 of the impugned judgment and order. Thus, the transfer of possession of land, in whatever form, including permission or leave or licence in any form, is contrary to Regulation 162(2) of the Assam Land and Revenue Regulation, 1886. No attempt has been made in this appeal to show that the finding by the Circle Officer that non-registered Sale Deed was produced is Page No.# 26/27 erroneous. 17. In the considered opinion of the Court, if a land is protected under Chapter-X of the Assam Land and Revenue Regulation, 1886, unauthorized occupants who have been possessing land, not being persons of protected class, cannot be saved or protected from eviction even if the patta holders have no objection to a non-protected class staying on his land because of the fact that the transfer of possession was by way of an oral agreement. If this is permitted, it will amount to giving sanctity to an oral transfer of possession when transfer by way of exchange, lease, agreement or settlement is prohibited. 18. In this case, the notice of eviction giving 15 (fifteen) days’ time to vacate the land were issued on 09.02.2026 and 12.02.2026, giving 15 (fifteen) days’ time to vacate the land and remove the structures, followed by another notice for eviction issued on 27.02.2026, for eviction under Regulation 165(1), 165(2) and 165(3) of the Assam Land and Revenue Regulation, 1886 giving 15 (fifteen) days’ time to vacate cannot be read to imply as if no reasonable time was granted to the appellants. Accordingly, it cannot be said that the directions contained in the order dated 03.02.2020 passed in SLP (C) D No. 2121/2020 were not followed. 19. Under the aforesaid view of the matter, this Appellate Bench has to concur with the observation of the learned Single Judge that while exercising certiorari jurisdiction, this Court is to see as to whether the relevant factors have been taken into consideration and whether the principles of natural justice has been adhered to and opportunity of hearing was granted to the appellants. Page No.# 27/27 20. This Court is of the further opinion that merely because two views may be possible, that alone would not call for interference with the judgment and order of the learned Single Judge in connection with the Intra Court Appeal. Therefore, as no error or perversity could be shown, no grounds have been made out for admission of the appeal. 21. Accordingly, the Court is inclined to hold that there is no infirmity or perversity in the judgment and order under appeal. Resultantly, no interference is called for in respect of the same. 22. Resultantly, this Intra Court appeal stands dismissed. 23. The parties are left to bear their own costs. JUDGE JUDGE. Comparing Assistant