Page No.# 1/12 GAHC010050522026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1593/2026 SANOWAR HUSSAIN AND 113 ORS. S/O BAHAJ ALI 2: ABDUL MANNAN S/O- SIRAJ UDDIN 3: HAJARAT ALI S/O- INSAN ALI 4: BAHAJ ALI S/O- BANNAT ALI 5: ABDULLA SHEIKH S/O- SIRAJ UDDIN 6: SOMESH ALI S/O- ABDUR ROHMAN 7: NAJER ALI S/O- INSAN ALI. 8: ABU BAKKAR SIDDEQUE S/O- HAJI ABDUL GAFUR 9: NUR MAHAMMAD S/O- NUR ISLAM 10: SAMRAT BHANU W/O- KHAJAR UDDIN. 11: TAFIJ ALI S/O- HASHEM ALI. 12: HUNUFA KHATUN Page No.# 2/12 W/O- GAJI RAHMAN. 13: MAHIDUL HOQUE S/O- DELBAR ALI 14: CHADEK ALI S/O- HUSSAIN ALI 15: SAMER ALI S/O- RAJAB ALI MIYAH 16: ABU CHAID S/O- MUSA SHEIKH 17: KESMAT ALI S/O-ALI AKBAR 18: HOSEN ALI S/O- ABDUL MANNAN 19: NUR HUSSAIN S/O- NUR ISLAM 20: SOHINUR ISLAM S/O-ABU TAHER. 21: ABDUL HAMID S/O- HASEN ALI SHEIKH 22: HASEN ALI S/O-ABDUL MANNAN. 23: SANOWAR ALI S/O- LAL MIAH. 24: AJMAT ALI S/O-MOKSED ALI 25: MUJAM ALI S/O- SIDDIK ALI. 26: SANOWAR HUSSAIN S/O-ABDUL MAJID. 27: ROFIKUL ISLAM S/O- AMJAD ALI 28: AYNAL HOQUE Page No.# 3/12 S/O- IYACHIN BEPARI 29: GOLAM MOSTAFA S/O- ABDUL MAJID. 30: PASHAN ALI S/O-KADER ALI 31: MANOWAR HUSSAIN S/O- ABDUL MAJID 32: SHARIFUL ISLAM S/O- MOKSED ALI 33: ABDUL BATEN S/O- FAKIR CHAN SHEIKH 34: NUR MAHAMMAD S/O-SIDDIQUE ALI 35: SANOWAR HUSSAIN S/O- AYNAL HOQUE 36: JAHER ALI S/O-NUR HOSEN 37: SURAT JAMAL S/O- ABDUL CHATTAR ALI 38: SAMAD ALI S/O- KALIM UDDIN. 39: DELBAR ALI S/O- ALI AKBAR 40: MANNAF ALI S/O- MOKSED ALI 41: ALEKA BEGUM W/O- SHARIF UDDIN. 42: RAKIBUL ISLAM S/0- MOKSED ALI. 43: HABIBAR RAHMAN S/O- HAREJ ALI Page No.# 4/12 44: TAJINUR ISLAM S/O- HAREJ ALI 45: AMINUR ISLAM S/O-ABDUL MAJID 46: ASMAT ALI S/O-ALI AKBAR. 47: AHAMMAD ALI S/O-HASHEM ALI. 48: HAMID ALI S/O- ABDUL CHATTAR ALI. 49: IUCHOP ALI S/O-AJGAR ALI 50: KHOKSED ALI S/O-ABDUL MAZID. 51: ASHAF ALI S/O- AYNAL HOQUE 52: JARINA KHATUN W/O- MALEK 53: NAYAR ALI S/O- SOBAHAN ALI. 54: TAMEJ UDDIN S/O- AFAJ FAKIR 55: PIYAR BHANU KHATUN W/O- SAHIDUL ISLAM. 56: CHURMAN ALI S/O- NILCHAN ALI. 57: NASER ALI S/O- FAYJUDDIN MOLLA 58: SAIDUL HOQUE S/O- NILCHAN ALI. 59: ANSER ALI Page No.# 5/12 S/O- MAKSED ALI 60: FAYJAL HOQUE S/O- ABDUL SOBAHAN 61: IUCHAB ALI S/O- FOJAR ALI. 62: FEREJA BEWA W/O- LATE KABAD ALI 63: MAFIDUL ISLAM S/O- HANIF ALI. 64: HARAN ALI S/O- SHONTESH ALI. 65: FAJLUL HOQUE S/O- ABDUS SOBAHAN. 66: BABUR ALI S/O- GAFUR ALI. 67: IBRAHIM ALI S/O- LATE LAL MIYA HAJI. 68: KODOM ALI S/O- JOMIDAR ALI 69: JAHAN UDDIN S/O- SORHAB ALI. 70: JAHIDUL HOQUE S/O- SORHAB ALI. 71: CHAIDUL ISLAM S/O- PAMOCHA SHEIKH 72: ANEJ ALI S/O- MOKSED ALI 73: SHIRAJUL HAQUE S/O- KABAD ALI 74: NAYEB ALI S/O- TAHAJ ALI. Page No.# 6/12 75: TOTA MIYA S/O- ABU BAKKAR CHIDDIQUE 76: NUR ISLAM S/O- NASER ALI. 77: AYNAL HOQUE S/O- MACHIM UDDIN 78: HARAN ALI S/O- LATE SHONTESH ALI. 79: ALAFAJ ALI S/O- ABDUL HAQUE. 80: CHURAT JAMAL S/O- NILCHAND ALI. 81: CHAMED ALI S/O- NILCHAN ALI 82: ABDUL HOQUE S/O- NUR MAHAMMAD 83: JAHIRUL ISLAM S/O- OMAR ALI 84: SONTESH ALI S/O- ABU BAKKAR CHIDDIQUE 85: HASEN ALI S/O- IBRAHIM ALI 86: KHUSIDA KHATUN W/O- NUR ISLAM 87: NUR JAMAL HOQUE S/O- ABU SHAMA 88: ABADUL JALIL S/O- MUCHA SHEIKH. 89: SONA ULLA S/O- IBRAHIM ALI 90: MATLEB ALI S/O- NUR MAHAMMAD Page No.# 7/12 91: SAIFUL ISLAM S/O- ALI HUSSAIN 92: ROFIQUL ISLAM S/O- ALI HUSSAIN. 93: JIAUR RAHMAN S/O- OMAR ALI 94: ABU CHAID S/O- MUSA SHEIKH. 95: AGBAR ALI S/O- TAHAJ ALI 96: NASIR UDDIN S/O- KASHEM ALI. 97: SHORIFUL ISLAM S/O- ALI HUSSAIN 98: ABDUL KARIM S/O- FAKIR CHAN. 99: SAMAN ALI S/O- RAHIJ UDDIN MIYA. 100: MONOWAR ALI S/O- CHORHAB ALI. 101: SAYEDA KHATUN W/O- ASAM ALI. 102: MANNAF ALI S/O- NASER ALI. 103: SAHID ALI S/O- NIL CHAN ALI 104: NURJAHAN KHATUN W/O- MANNAF ALI. 105: KADER ALI S/O- NUR MAHAMMAD Page No.# 8/12 106: SABUR UDDIN S/O- MAJIBAR RAHMAN 107: ANOWER HUSSAIN S/O- SATTAR ALI. 108: SAIDUL ISLAM S/O- KALIM UDDIN. 109: HAWA KHATUN W/O- HUSSAIN ALI. 110: HASEM ALI S/O- ABADUL KARIM 111: SAMCHUL HOQUE S/O- KAJIM UDDIN. 112: TIYA BHANU BEWA W/O- KAJIM UDDIN 113: MAYANUDDIN S/O- HABIBAR RAHMAN. 114: MAFIJ ALI S/O- SABURA BEWA. ALL ARE RESIDENTS OF VILLAGE- DOLONI BEEL P.O- BALAPARA P.S- JOGIGHOPA DISTRICT- BONGAIGAON ASSA VERSUS THE STATE OF ASSAM AND 5 ORS. REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM, REVENUE AND DISASTER MANAGEMENT DEPARTMENT, DISPUR, GUWAHATIU- 06 2:THE DISTRICT COMMISSIONER BONGAIGAON ASSAM. 3:THE ADDITIONAL DISTRICT COMMISSIONER (REVENUE) BONGAIGAON ASSAM. Page No.# 9/12 4:THE CO-DISTRICT COMMISSIONER ABHAYAPURI BONGAIGAON ASSAM 5:THE SUB-DIVISIONAL OFFICER (CIVIL) NORTH SALMARA ABHAYAPURI BONGAIGAON ASSAM. 6:THE CIRCLE OFFICER BOITAMARI REVENUE CIRCLE DIST. BONGAIGAON ASSA Advocate for the Petitioner : MR K K MAHANTA (Sr. Advocate), MR. J UDDIN,MR. M ALI Advocate for the Respondent : SC, REVENUE, GA, ASSAM Page No.# 10/12 BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER Date : 23.03.2026 Heard Mr. K. K. Mahanta, learned Senior Counsel, assisted by Mr. M. Ali, learned counsel, appearing for the petitioners. Also heard Ms. N. Bordoloi, learned Standing Counsel, Revenue & Disaster Management Department, appearing for the respondent no.1, and Mr. H. Sharma, learned Additional Senior Government Advocate, representing the respondent nos.2 to 6. 2. As consented to by the learned counsel for the parties, the present writ petition is taken up for final consideration at the motion stage itself and is being disposed of by this order. 3. The petitioner in the present writ petition has presented a challenge to the notices all dated 02.02.2026, issued to each of the petitioners, herein, requiring the petitioners to vacate the land purportedly encroached by them, on or before 17.02.2026. The said notice also stipulates that, in the event, any of the petitioners have any claim regarding the land under their possession, they are to submit a representation along with the relevant documents to the respondent authorities on or before 17.02.2026. 4. The petitioners in the present writ petition have projected that in pursuance to the notices received by them, the petitioners have individually submitted their claims along with documents in support of such claims before the Circle Officer, Boitamari Revenue Circle. However, the said representations are yet to be disposed of and the petitioners have also not been required, to appear before the authority considering the claims made by the petitioners in their said representation. 5. Mr. K. K. Mahanta, submits that, before taking further action for Page No.# 11/12 evicting the petitioners, the respondent authorities are required to dispose of the claims made by the petitioners in their respective representations after affording to them a due opportunity of hearing. He submits that that present writ petition may be disposed of by requiring the respondent authorities to dispose of the claims made by the petitioners in their individual representations, after providing to them a due opportunity of hearing. The said prayer is not disputed by Ms. N. Bordoloi and Mr. H. Barua, learned counsels, appearing for their respective respondents. 6. In view of the above consensus reached in the matter by and between the parties, this Court is of the considered view that the present writ petition need not be detained any further for consideration and can be disposed of with the following directions; (i) The petitioners having submitted their representations in the matter, the jurisdictional Deputy Commissioner or the Co-District Commissioner, within whose jurisdiction the lands, purportedly under encroachment by the petitioners, are situated, shall consider the representations submitted in the matter by the petitioners in pursuance to the notice dated 02.02.2026, and also afford an opportunity of personal hearing to the petitioners, who have already submitted their such representations. The jurisdictional District Commissioner or the jurisdictional Co-District Commissioner, as the case may be, shall issue notices to each of the petitioners after scheduling a date for hearing the petitioners with regard to their claims made in their representations submitted by them in the matter. (ii) After conclusions of the process of hearing, the jurisdictional District Commissioner and/or the jurisdictional Co-District Commissioner, shall pass speaking orders with regard to the respective claims made by each of the petitioners and communicate the speaking orders to the petitioners. Page No.# 12/12 (iii) In the event, the claim made by the petitioners are found not to be acceptable, the speaking orders issued in the matter, shall provide further 15 (fifteen) days time to each of the petitioners whose claim is not found to be acceptable, to vacate the land presently under their occupation. During the period till completion of 15 (fifteen) days from the date of issuance of a speaking orders in terms of the directions passed, hereinabove, no coercive action shall be taken against the petitioners, however on conclusion of the period of 15 (fifteen) days from the date of service of such speaking orders upon the petitioners, it would be open to the State to proceed to take steps for eviction of the petitioners from the land occupied by them at present. 7. With the above observations and directions, the present writ petition stands disposed of. JUDGE Comparing Assistant