Page No.# 1/6 GAHC010015402026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/430/2026 SAFULLA HUSSAIN C/O- LATE GULAM HUSSAIN VILL- NELLIE DIST- MORIGAON 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 Page No.# 2/6 JAGIROAD POLICE STATIO Advocate for the Petitioner : MR. A R BHUYAN, MR M KHAN,S LASKAR,MR N Z CHOUDHURY Advocate for the Respondent : GA, ASSAM, SC, REVENUE BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 30.01 .2026 Heard Mr. A.R. Bhuyan, learned counsel for the petitioner. Also heard Mr. H. Sarma, learned Addl. Senior Government Advocate for the State respondents. 2. The 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 1 No. Barpayak 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 writ petition 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 Page No.# 3/6 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 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.279, Patta No- Myadi 161, Morigaon Revenue Circle, Mouza Uttarkhula, Morigaon. 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. Page No.# 4/6 4. Mr. H. Sarma, learned Government Advocate for the respondents submits that the said notice is only a notice inviting the noticee to submit all relevant documents in support of the claims within 15 days. However, the noticee has not taken any steps to submit the relevant documents. Therefore, at this stage, the writ petition is prematured as no steps have been taken by the authority to evict without verification of the documents, which however, will have to be submitted by the writ petitioner in the first place. The learned Government Advocate also questioned the authenticity of the house rent agreement executed by and between the petitioner on the ground that the same has never been registered. 5. 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. 6. Having heard the learned counsel for the parties and upon perusal of the pleadings available before the Court, 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. 7. The Deputy Commissioner/District Commission, Morigaon, namely 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 Page No.# 5/6 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. 8. 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 12.02.2026 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 adequate of being heard and the entire hearing should be completed within a period of 30 days from 12.02.2026 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) Page No.# 6/6 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. 9. The copy of the instructions received by the learned Government Advocate, which placed before the Court is kept in the case record. 10. This writ petition accordingly, stands disposed of in terms of the above. 11. A copy of this order be marked to the Office of the Senior Government Advocate Assam for onward communications. JUDGE Comparing Assistant