Page No.# 1/12 GAHC010007542026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/242/2026 SIDDIQUE ALI AND 78 ORS C/O- HASEN ALI, VILL-BASUNDHARI, DIST- MORIGAON 2: TAYYAD ALIAS TAYEB ALI C/O- LATE KAJIMUDDIN.VILL-BHOGDUBA BILL DIST- MORIGAON 3: NUR UDDIN C/O- LATE KAJIMUDDIN VILL- DAHUTI HABI DIST- MORIGAON. 4: BABUL HUSSAIN C/O- LATE KAJAL ALI VILL-BHOGDUBA DIST- MORIGAON 5: MAZIBUR ALIAS MAJIBUR RAHMAN C/O- ABED ALIAS LATE EABED ALI VILL-SILBHETA ALIAS SHILABHETA DIST- MORIGAON. 6: RAHIMA KHATUN C/O- GIYACH UDDIN VILL- MANIPURTOP DIST- NAGAON. 7: JALAL UDIN ALIAS UDDIN C/O- AR HAMID ALIAS ABDUL HAMID VILL-BASUNDHARI DIST- MORIGAON 8: SAHA ALI C/O- HASEN ALI Page No.# 2/12 VILL-BASUNDHARI DIST- MORIGAON 9: MANAJUL ALIAS MAINUL HAQUE C/O- LATE MIRAJ ALI VILL-BHUGDUBA DIST- MORIGAON 10: MARAM ALI C/O- ISAMUDDIN ALIAS ISAM UDDIN VILL-BASUNDHARI DIST- MORIGAON. 11: MAHAMMAD ALI C/O- INNAS ALI VILL-BHOGDOBA DIST- MORIGAON 12: MOJINA KHATUN ALIAS MORJINA KHATUN C/O- MAHABAT ALI VILL-BASUNDHARI DIST- MORIGAON 13: HEDAYAT ULLAH C/O- HUSSAIN AHMED VILL-BHUGDUBA DIST- MORIGAON 14: NAZRUL ISLAM C/O- ABDUL KADIR VILL-MALAHU DIST- MORIGAON. 15: MD HABI ULLAH C/O- AKBAR ALI VILL-BASUNDHARI DIST- MORIGAON 16: AR MATIN ALIAS ABDUL MOTIN C/O- MINRAJ ALIAS MIRAJ ALI VILL-BHOGADUBA DIST- MORIGAON 17: SAHED ALI C/O- A KADIR ALIAS ABDUL KADIR VILL- DAHUTI HABI DIST- MORIGAON 18: A MUTALEB ALIAS ABDUL MUTALEB Page No.# 3/12 C/O- KALU MIYA ALIAS MIA VILL- BASUNDHARI DIST- MORIGAON 19: RAHILA KHATUN C/O- IBRAHIM ALI VILL-DAHUTI HABI DIST- MORIGAON. 20: AYAB ALI C/O- SUBED ALI VILL-BEHUGURI DIST- MORIGAON 21: ATA BUDDIN ALIAS ATAB UDDIN C/O- LATE AB KHALEK ALIAS ABDUL KHALEK VILL-BASUNDHARI DIST- MORIGAON 22: SHIRAJUL ISLAM C/O- LUKMAN ALI VILL-BASUNDHARI DIST- MORIGAON 23: ABDUL MALEK ALIAS AMALEK C/O- ABU CHAHED VILL- DAHUTI HABI DIST- MORIGAON 24: RAFIKUL ALAM C/O- EYAKUB ALI VILL-BASUNDHARI DIST- MORIGAON 25: MAMUN HUSSAIN C/O- ABDUL MATIN VILL-BASUNDHARI DIST- MORIGAON 26: SUKUR ALI C/O- HASHAN ALIVILL-BASUNDHARIDIST- MORIGAON 27: RAFIQUL ISLAM C/O- MANNACH ALIVILL-BHUGDUBA HABIDIST- MORIGAON 28: RUFUL AMIN C/O- AKBAR ALIVILL-BASUNDHARIDIST- MORIGAON Page No.# 4/12 29: AJAHAR ALI C/O- JAYNAL ABDIN ALIAS ABEDINVILL-BASUNDHARIDIST- MORIGAON. 30: ABDUL KHALIL ALIAS A KHALIL C/O- ABDUL RAHMAN ALIAS AR RAHMANVILL-BHOGDUBA HABIDIST- MORIGAON 31: ABDUL AJID C/O- LATE LOKMAN ALIAS LOKAMAN ALIVILL-BASUNDHARIDIST- MORIGAON 32: MD ABDULLAH ALIAS ABDULLAH C/O- ABDUL ALI ALIAS AR ALIVILL-BHUGDUBA HABIDIST- MORIGAON 33: JAHURA KHATUN C/O- IDRICH ALIVILL-MATIPARBATDIST- MORIGAON 34: SAHANUR ALI C/O- AMIR UDDINVILL-DAHUTI HABIDIST- MORIGAON. 35: MAJIBUR RAHMAN C/O- LATE RAHMAT ALIAS RAHAMAT ALIVILL-MULADHARIDIST- MORIGAON. 36: HURAMUJ ALI C/O- ABDUL KHALILVILL-BASUNDHARIDIST- MORIGAON 37: FARUK ALI C/O- NUR ISLAMVILL-NELLIE BARPAJAKDIST- MORIGAON 38: ABDUL GAFOR ALIAS GAFUR C/O- AMIR UDDINVILL-DOHUTI HABIDIST- MORIGAON 39: SAIDUL ISLAM C/O- AS SATTAR ALIAS ABDUL SATTARVILL-BORJALAHDIST- MORIGAON. 40: SAFIKUL ISLAM C/O- ABDUL KADIRVILL-MALAHU NO. 2 PARTDIST- MORIGAON. 41: TAIYUB ALIAS TAIYAB C/O- ABDUL RASHIDVILL-BASUNDHARIDIST- MORIGAON 42: ISHA MUDDIN C/O- AB JABBARVILL-BASUNDARIDIST- MORIGAON 43: FARUK HUSSAIN C/O- AR REJAKVILL-BASUNDHARI.DIST- MORIGAON Page No.# 5/12 44: ALAL UDDIN C/O- MONAF ALIAS MONNUFVILL-BASUNDHARI.DIST- MORIGAON 45: HABIBUR RAHMAN C/O-LATE ABDUL HASEN VILL-NELLIE BARPAYAKDIST- MORIGAON 46: JALAL UDDIN C/O- AMIR UDDINVILL-DAHUTI HABIDIST- MORIGAON 47: MEHABUR RAHMAN C/O- SAHAB UDDINVILL-BHUGDOBA HABIDIST- MORIGAON 48: ARJINA KHATUN C/O- ABDUL MUTALIBVILL-BASUNDHARIDIST- MORIGAON 49: ABDUL RACHID C/O- IMAN ALIVILL-NELLIEDIST- MORIGAON 50: MUKSIDUL HOQUE C/O- NUR MIYAVILL-BAR JALAHDIST- MORIGAON 51: ILIAS C/O- HASEN ALIVILL-BASUNDAHRIDIST- MORIGAON 52: APTAR ALI C/O- CHABED ALIAS SUBED ALIVILL-BHEHAGURI DIST- MORIGAON 53: CHAIDUR RAHMAN C/O- AJGAR ALIVILL-BHUGDUBADIST- MORIGAON 54: NUR ISLAM C/O- LATE RAMAJAN ALIVILL-BASUNDHARIDIST- MORIGAON 55: ABDUL HASHIM C/O- LATE CHAMACH UDDINVILL-NELLIEDIST- MORIGAON 56: ANJUMA BEGUM C/O- ALAUDDIN ALIAS ALAL UDDINVILL-BASUNDHARIDIST- MORIGAON 57: NUR JAMAL C/O- HACHMAT ALIVILL-BASUNDHARIDIST- MORIGAON. 58: ABDUL LATIF C/O- KASEM ALIVILL-MATIPARBATDIST- MORIGAON 59: AKBAR ALI C/O- HASMAT ALIVILL-BHOGADUBADIST- MORIGAON Page No.# 6/12 60: SAIFUL ALIAS CHAIFUL ISLAM C/O- ALI HUSSAINVILL-NELLIE BORPAYAKDIST- MORIGAON 61: ABDUR KALAM C/O- FAJAR ALIVILL-NELLIEDIST- MORIGAON 62: JAYNAL UDDIN C/O- HAJDAR ALIVILL-NELLIEDIST- MORIGAON 63: ARAB ALI C/O- ICHAB ALIVILL-NELLIEDIST- MORIGAON 64: MAHAR ALIAS MOHOR ALI C/O- MOHAMMAD HASMAT ALIVILL-DAHUTI HABIDIST- MORIGAON 65: AJIJUL HAQUE C/O- JALAL UDDINVILL-BASUNDHARIDIST- MORIGAON 66: NUR HUSSAIN C/O- JINNAT ALIVILL-BASUNDHARIDIST- MORIGAON 67: DILADAR ALIAS DILDAR HUSSAIN C/O- JALAL UDDINVILL-BASUNDHARIDIST- MORIGAON 68: ISMAIL ALI C/O- ABDUL RAHMANVILL-1 NO BARPAYAK NELLIEDIST- MORIGAON 69: NABI HUSSAIN C/O- A ALIAS ABDUL HASIMVILL-BHOGDUBA HABIDIST- MORIGAON. 70: ABDUL HASIM C/O- ABDUL AWALVILL-BASUNDHARIDIST- MORIGAON 71: NEKABAR ALI C/O- HASMAT ALIVILL-BHOGDUBADIST- MORIGAON 72: DILDAR HUSSAIN C/O- A ALIAS ABDUL CHUBAN ALIAS CHUBHANVILL-BASUNDHARIDIST- MORIGAON 73: TAJMUL HUSSAIN C/O- AB ALIAS ABDUL HOQUEVILL-BASUNDHARIDIST- MORIGAON 74: FARIDUL ISLAM C/O- ABDUL BAREKVILL-DOHUTI HABIDIST- MORIGAON. Page No.# 7/12 75: CHAIDUL RAHMAN C/O- AR REJARVILL-BHOGADUBADIST- MORIGAON 76: ABDUL CHAMAD ALIAS AR CHAMAD C/O- LATE NACHAR ALIVILL-NELLIEDIST- MORIGAON 77: ANARUL HUSSAIN C/O- LATE ABUNACHAR ALIAS ABU NACHARVILL-BHUGDUBADIST- MORIGAON 78: AMIR UDDIN C/O- LATE HAMED ALIVILL-DAHUTI HABIDIST- MORIGAON 79: IBRAHIM ALI C/O- HAJRAT ALIAS HAJARAT ALIVILL-BASUNDHARIDIST- MORIGAO VERSUS THE STATE OF ASSAM AND 5 ORS TO BE REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, REVENUE DISASTER MANAGEMENT DEPARTMENT, JANATA BHAWAN ASSAM SECRETARIAT COMPLEX, DISPUR, GUWAHATI- 781006 2:DISTRICT COMMISSIONER MORIGAON ASSAM 3:CO-DISTRICT COMMISSIONER MAYANG ASSAM 4:CIRCLE OFFICER MORIGAON REVENUE CIRCLE 5:THE SUPERINTENDENT OF POLICE MORIGAON POLICE STATION 6:THE OFFICER IN CHARGE JAGIROAD POLICE STATIO Advocate for the Petitioner : MR. A R BHUYAN, MR N Z CHOUDHURY,S LASKAR Advocate for the Respondent : GA, ASSAM, SC, REVENUE Page No.# 8/12 BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 27.01 .2026 Heard Mr. A.R. Bhuyan, learned counsel for the petitioners. Also heard Mr. N. Das, learned Government Advocate for the respondents. 2. These petitioners before this Court claimed to be residents of the locality mentioned in the cause title of the writ petition in the district of Morigaon. According to the petitioners, they have been residing in the village of Morigaon and Dahuti Habi revenue village under the Uttar Khula Mouza in the district of Morigaon for last several years. It is the claim of the petitioners that, by virtue of and on the strength of documents, such as the deed of Power of Attorney, Agreement of Land Sale, Deed of Sale, Bayana agreement, etc., the petitioners have purchased these lands and they claimed to be occupants of the said lands. There is a specific averment made in the paragraph No.2 that they are not the owners of the said lands and they do not have any ownership right. They have been permitted by the original pattadars to act and reside over the said lands in which they are enjoying occupation by virtue of the power of attorney and other documents. The petitioners are aggrieved by notices issued by the Circle Officer, Morigaon Revenue Circle on 29.12.2025, whereby the petitioners were informed that on preliminary spot investigation it was revealed that they were illegally occupying the lands in the tribal sector in violation of sections 163 & 164. In terms of clause 9 of the judgment rendered by the Gauhati High Court in PIL 74 of 2012 (subsequently corrected as PIL 78 of 2012), the notices were issued to the petitioners and they were called upon to submit the required documents Page No.# 9/12 and proofs for asserting their lands rights in the tribal sector within the next 15 days. Upon failure to adhere to the notice, the lands shall be removed or cleared of the people within one month from the date of receipt of the notice. The schedule described in the notice reflected that it is in respect of Dag No.160, Patta No- Myadi 45, Village Dahuti Habi, Mouza Uttarkhula, Morigaon, Revenue Circle. The petitioners immediately upon being served with the notice(s) submitted their representations supported by necessary documents which they claimed to be available with them. However, since no specific orders have been passed, petitioners became apprehensive and approached this Court by filing the present writ petition. By the present writ petition, the petitioners prayed for setting aside of the impugned eviction notice(s) dated 29.12.2025 and sought for a direction to the respondents not to carry out the eviction or demolition of any permanent or temporary structure and/or to carry out eviction or demolition exercises against the petitioners without following the due process of law and further directions to the respondents and also not to disturb the petitioners from enjoying their rights to stay on the said lands by virtue of documents and deeds and also strictly abide by the directions contained in the order dated 03.02.2020 passed by the Apex Court in SLA(C) No. 2121/2020. 3. This Court by order dated 19.01.2026 directed the State authorities to obtain necessary instructions from the respondent authorities. The matter was fixed today. 4. Mr. N. Das, learned Government Advocate has appeared before this Court and has submitted that he has received the instructions furnished by the department and in terms of the said instructions out of the 79 petitioners 48 of Page No.# 10/12 them had filed their representations or replies on the notices which are presently under consideration by the concerned Officer and the hearing on these representations are scheduled to be conducted before initiation of the eviction drive. 5. Mr. N. Das, therefore, submits that the apprehension expressed by the writ petitioners are misplaced and as on date the department is contemplating to examine those representations and replies submitted by the petitioners in terms of the claims and rights in response to the eviction notices served on 29.12.2025 and until such hearing is conducted the authorities will not proceed for eviction of the writ petitioners. 6. Mr. A.R. Bhuyan, learned counsel for the petitioners on the other hand submits that the authorities are not only required to conduct proper hearing, they are also required to adhere to the directions issued by the Apex Court by the order dated 03.02.2020 in SLA(C) No.2121/2020 and if such a hearing is conducted, then a speaking order must be passed and served on the petitioners before any such action is contemplated. 7. Having heard the learned counsel for the parties and upon perusal of the pleadings available before the Court and in the face of the instructions received by the State, this Court is of the considered opinion that the writ petition need not be kept pending and the same can be disposed of with the following directions. 8. The Deputy Commissioner/District Commission, Morigaon, namely Page No.# 11/12 respondent No.2 will conduct the hearing in respect of the representations and replies filed by the petitioners individually. The respondent No.2 will examine each and every cases individually and thereafter pass a detailed speaking order and also ensure that the said speaking order be served on each of the individuals and thereupon, if the Deputy Commissioner/District Commissioner is of the view that the petitioners are illegally occupying the lands which are falling within the identified tribal belt, then the proper procedure prescribed under law is to be undertaken for carrying out the process of eviction if permitted under law. While conducting the hearing, the Deputy Commissioner/District Commissioner, Morigaon will adhere to the directions passed by the Apex Court in the order dated 03.02.2020 in SLA(C) No.2121/2020. By the said order, the Apex Court directed that the Deputy Commissioner/District Commissioner must examine the claims of each occupants on case to case basis and thereafter, if the order is found to be adverse to the petitioners, then a reasonable time must be given to the occupants to take recourse for appropriate remedy as permissible under the law. 9. Accordingly, the Deputy Commissioner/District Commissioner will now proceed to hear each and every individual on the basis of the documents and the replies filed by the petitioners and conduct the necessary hearing on a case to case basis. Since the petitioners are also represented before this Court, individual notices for the hearing contemplated need not be issued. The petitioners or their representatives will appear before the Deputy Commissioner on 09.02.2026 and thereafter, the Deputy Commissioner/District Commissioner will proceed to hear each and every matters and thereafter, pass speaking orders if need be on individual basis. The petitioners would be given opportunity Page No.# 12/12 adequate of being heard and the entire hearing should be completed within a period of 30 days from 09.02.2026 and thereafter pass effective orders. If in the event, the Deputy Commissioner/District Commissioner is of the view that the hearing cannot be completed within the time frame specified by this Court, then the same must be completed within another extended period of 15 (fifteen) days thereafter. Till such a hearing is conducted, the Revenue Authorities will not proceed to evict the petitioners from the said lands in terms of the notice dated 29.12.2025. 10. The copy of the instructions received by the learned Government Advocate, which placed before the Court is kept in the case record. 11. This writ petition accordingly, stands disposed of in terms of the above. 12. A copy of this order be marked to the Office of the Senior Government Advocate Assam for onward communications. JUDGE Comparing Assistant