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2026 DAILYLAW 2604 (GAU)

HAJRAT ALI AND ORS v. THE STATE OF ASSAM

WP(C)/582/2026 · 2026-02-15

Devashis Baruah

Writ Petition (Civil)body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/26 GAHC010019972026 2026:GAU-AS:2327 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/582/2026 HAJRAT ALI AND ORS S/O LATE PATU MOLLA 2: RAMJAN ALI S/O LATE NURAL MOLLA 3: SHEIKH ABDUL HAMID S/O LATE ABU SHAMA 4: SALAM UDDIN S/O LATE SARBESH ALI 5: NABIR HUSSAIN S/O LATE NUR SHEIKH 6: AKKAJ ALI S/O LATE ABDUL GUNI 7: ABDUL JALIL S/O HAJRAT ALI 8: BAHAJ NALI S/O LATE ABDUL GANI 9: MAHAMMAD ALI S/O LATE NURUL MOLLAH 10: JAHAR ALI MANDAL S/O LATE ABDUR RAHMAN 11: IMDADUL ISLAM S/O LATE AJMAT ALI 12: JAHIR UDDIN Page No.# 2/26 S/O INSAN ALI. 13: INSAN ALI S/O LATE AKER ALI 14: GOLAM HUSSAIN S/O LATE RAHAM ALI 15: JAMAL UDDIN S/O LATE OSMAN GUNI 16: ABU MIYA S/O LATE RAHIJ UDDIN 17: KAMAR ALI BADSHAH S/O LATE AJGAR ALI 18: SADAGAR ALI S/O LATE AJGAR ALI 19: ROSNAI ALI S/O LATE NUR SHEIKH 20: AMIR HAMJA S/O LATE NUR SHEIKH 21: SONAULLA SHEIKH S/O LATE OSMAN GUNI 22: ABDUL MAZID S/O LATE MOBARAK ALI 23: HASHEM ALI S/O LATE ABDUL KADER 24: HABEL UDDIN BHUYAN S/O LATE KANGAILA BHUYAN 25: MORTUJ ALI S/O LATE HAJRAT ALI 26: MANJILA KHATUN W/O LATE MATLEB ALI . 27: JAHAR ALI S/O LATE AJAHAR ALI Page No.# 3/26 28: ABTABUL RAHMAN S/O LATE JORIB UDDIN 29: SALAM UDDIN S/O LATE AROJ ALI 30: SAIFUL ISLAM S/O LATE ABDUL HOQUE 31: AJIBAR RAHMAN S/O LATE HABIBAR RAHMAN 32: MAFIDUL ISLAM S/O LATE TAMEJ ALI 33: MANNAN ALI S/O LATE ABDUL HOQUE 34: NUR ALAM S/O LATE ABDUL HOQUE 35: SHOHIDUL ISLAM S/O LATE MOJER ALI. 36: AMIR HUSSAIN S/O LATE TOMEJ ALI 37: NOSER ALI S/0 LATE FOYJUDDIN 38: SOLEMAN ALI S/O LATE AYNAL HOQUE 39: OSMAN GONI S/O LATE NURUL MOLLAH 40: ABDUL MOTALEB S/O LATE NURUL MOLLAH 41: MOZIBAR RAHMAN S/O LATE NURUL MOLLAH 42: MONER ALI S/O SOLEMAN ALI 43: MAYNAL HOQUE S/O LATE ROHIJUDDIN Page No.# 4/26 44: SONA ULLAH S/O LATE MONER ALI 45: HASEN ALI S/O LATE ABDUL KADER. 46: ZAMAL UDDIN S/O LATE KURAN ALI 47: NUR ALAM S/O LATE KURAN ALI 48: SAKAT ALI S/O LATE KURAN ALI 49: MAHAR ALI S/O LATE ABDUL KADER. 50: AMIRAN NESSA W/O LATE TAMEJ ALI 51: AMIR HAMJA S/O HABIBAR RAHMAN 52: SORBAB ALI S/O LATE HANIF ALI 53: SAHANUR ALAM S/O SORHAB ALI 54: NAJANUR RAHMAN S/O SORHAB ALI. 55: FAYJAL HOQUE S/O LATE ABDUL KADER 56: KOBAD ALI S/O FAYJAL ALI. 57: INNACH ALI S/O LATE ABDUL HOQUE. 58: ZAMAL UDDIN S/O LATE DAROG ALI. Page No.# 5/26 59: JAHIDUR ISLAM S/O JAMAL UDDIN 60: JOHIRUL ISLAM S/O JAMAL UDDIN 61: MAHAR ALI S/O LATE AJAHAR ALI. 62: BODIZUL HOQUE S/O NOBIR HUSSAIN 63: MAYNAL HOQUE S/O LATE KHAYRUDDIN 64: ABDUL MAJID S/O MAHIR UDDIN 65: MAMUD ALI S/O LATE AKBAR ALI 66: NUR ALAM S/O GAJI RAHMAN 67: MOFIDUL ISLAM S/O LATE GAJI RAHMAN 68: SAHADOD ALI S/O LATE GAJI RAHMAN 69: OCHMAN GONI S/O LATE GAJI RAHMAN 70: HABIBAR RAHMAN S/O LATE GAJI RAHMAN 71: SHUKUR ALI S/O LATE BABAR ALI 72: MAHIBAR RAHMAN S/O LATE ABDUL MAJID 73: HAFIJ ALI S/O LATE TAHAJ ALI. 74: DELBAR HUSSAIN Page No.# 6/26 S/O LATE BAHUT ALI 75: KARIM ALI S/O LATE MAJAM SARKAR 76: MAHER BAHU S/O LATE JARIF ALI 77: ASAN ALI S/O LATE ABDUL SATTAR ALI 78: NUR ISLAM S/O LATE AJMAT ALI 79: BANI AMIN S/O LATE AJMAT ALI 80: ANOWAR HUSSAIN S/O SORHAB ALI 81: ABDUL SALAM S/O LATE AJAHAR ALI 82: NUR BHANU BEWA S/O LATE RAJEM ALI 83: SONA ULLAH S/O LATE KAJIMUDDIN 84: IMAN ALI S/O LATE CHANDULLA SHEIKH 85: SANDULLA SHEIKH S/O LATE JAMIDAR ALI 86: HASEN ALI S/O LATE CHANDULLA SHEIKH 87: HAREJ ALI S/O LATE MOKSED ALI 88: ABDUL BATEN S/O LATE FAKIR CHAN SHEIKH 89: JAYNAL ABEDIN S/O LATE AMAD ALI 90: HABIBAR RAHMAN Page No.# 7/26 S/O LATE JABBAR ALI 91: SARITULLA S/O LATE ABDUL KADER 92: HUSSAIN ALI S/O LATE CHANDULLA SHEIKH 93: HOSSEN ALI S/O LATE AKER ALI 94: MARTUJ ALI S/O LATE BARAN ALI 95: SAMSUL HOQUE S/O LATE JABBAR ALI 96: MAJIBAR RAHMAN S/O LATE CHANA ULLAH 97: MAYAN ALI S/O LATE MAJAHAR ALI 98: HAJRAT ALI S/O LATE BARAN ALI 99: RAHAM CHAN S/O LATE JABBAR ALI 100: MAHIR UDDIN S/O LATE FAKIR CHAN 101: AMOD ALI S/O LATE BELLAL HUSSAIN 102: RAJAB ALI MIA S/O LATE RAHIJ UDDIN MIYA 103: SIDDIQUE ALI S/O LATE ISMAIL HAJI 104: MANNAF ALI S/O LATE BABUR ALI 105: HURMUS ALI S/O LATE CHANDULLA SHEIKH Page No.# 8/26 106: NAJMUL HOQUE S/O LATE CHANDULLA SHEIKH 107: IBRAHIM ALI S/O LATE BABAR ALI 108: AMIR HOSSEN S/O LATE BELLAL HOSSEN 109: MUKTAR HUSSAIN S/O LATE MOKSED ALI SARKAR 110: MOBARAK ALI S/O LATE ISMALI SHEIKH 111: HUSSAIN ALI S/O LATE KOSER ALI 112: MAFIJ ALI S/O LATE RAHAM ALI 113: JAKIR HUSSAIN S/O LATE BABAR ALI 114: NAGAR ALI S/O LATE AKER ALI 115: AMJAD ALI S/O LATE JABBAR ALI 116: KALIMUDDIN S/O LATE NUR MAHAMMAD 117: RAHUL AMIN S/O LATE MAKSED ALI SARKAR 118: MOKADDAS ALI S/O LATE MAKSED ALI SARKAR 119: ABDUL HAMID S/O LATE HASEN ALI 120: RAHIJ UDDIN S/O LATE APIL UDDIN Page No.# 9/26 121: ABIRAN BEWA W/O LATE PANA ULLA BEPARI 122: MATIYAYAR RAHMAN S/O LATE ABDUL AJID 123: INTAJ ALI S/O LATE RAHAM ALI 124: CHABIYAR RAHMAN S/O LATE JUBBAR ALI 125: MOKSED ALI S/O LATE AROP ALI 126: ABDUL MAJID S/O LATE ABDUL KARIM MUNSI 127: GUDU BHANU W/O JAHER ALI 128: MOHAMMAD ALI S/O LATE HASHWEM ALI 129: MOFIDUL ISLAM S/O LATE HASHEM ALI 130: ABDUL RASID S/O LATE MOBARAK ALI 131: TARA BHANU W/O LATE HEKMAT ALI 132: JAHIDUL ISLAM S/O LATE GAFUR ALI 133: ICHAR UDDIN S/O LATE MAYDAN ALI 134: NAJIR UDDIN S/O LATE BAHEJ ALI 135: PESKAR ALI S/O LATE MARHAM ALI 136: AMAR ALI S/O LATE BAKKAR ALI Page No.# 10/26 137: SATTAR ALI S/O LATE TALUKDAR SHEIKH 138: NAJRUL HOQUE S/O LATE HAJRAT ALI 139: ABU KALAM S/O LATE TALUKDAR SHEIKH 140: LAL MIYA ALI S/O LATE BARAN ALI 141: BAREK ALI S/O LATE ABDUL KARIM 142: TAHER ALI S/O AMAD ALI 143: SAIB UDDIN S/O LATE DERAJ ALI 144: KURMAN ALI S/O LATE HANIF ALI 145: ABDUL MALEK S/O LATE FAJAL HOQUE 146: NAOSAD ALI S/O LATE MANCHER ALI 147: HALIMA KHATUN S/O LATE ASKER ALI SHEIKH 148: MAFIJ ALI S/O SABURA BEWA 149: MAHAMMAD ALI S/O MAHIR UDDIN 150: MAJID ALI S/O IMAN ALI 151: ABDUL BATEN S/O LATE MATIYAR RAHMAN Page No.# 11/26 152: HARMUJ ALI S/O LATE MOKSED ALI 153: ALAUDDIN S/O LATE SHARIF UDDIN 154: EUSOF ALI S/O MOHIR UDDIN 155: ABDUL BATIN S/O LATE ABDUL MANNAN 156: MIJANUR ISLAM S/O ABDUL MAJID 157: RACHANAI ALI S/O LATE SAMCHER SHEIKH 158: SANOWAR HUSSAIN S/O LATE ABDUL JABBAR 159: ALI AKBAR S/O LATE IYACHIN ALI 160: HABIBAR RAHMAN S/O NOBAI SHEK 161: MAJIBAR RAHMAN S/O NABAI SHEIKH 162: JARINA KHATUN W/O LATE SAJAHAN ALI 163: MAYEJ UDDIN S/O NABAI SHEIKH 164: AHET ALI S/O FAJAR ALI 165: SHAHID ALI S/O FAJAR ALI 166: MOHIDUL ISLAM S/O FOJAR ALI 167: CHIRAJUL HAQUE S/O CHOHARAB ALI Page No.# 12/26 168: SAHIDUR RAHMAN S/O MAHIR UDDIN 169: AYNAL HOQUE S/O LATE MACHIM UDDIN 170: MAHAMMAD ALI S/O LATE HAJI ABDUL GAFUR 171: HASEM ALI S/O LATE KASER UDDIN 172: HARAN ALI S/O LATE SEKANDAR ALI 173: MAHBUBAR RAHMAN S/O HABIBAR RAHMAN 174: ABDULLA S/O AMOD ALI 175: OSMAN SHEIKH S/O LATE KAYBAR SHEIKH 176: ASAN ALI S/O LATE DAROG ALI 177: CHUR KHATUN W/O LATE JURAN PORAMANIK 178: SONEKA KHATUN W/O LATE MANNAF ALI 179: JARINA KHATUN W/O LATE JELBAR ALI 180: ABUL HUSSAIN SARKAR S/O LATE HAFEJ UDDIN SARKAR 181: SHUKUR ALI S/O LATE JAFAR ALI 182: BABUR ALI S/O LATE RIYAZ UDDIN 183: SAHAR BHANU W/O ALIM UDDIN Page No.# 13/26 184: SURMAN ALI S/O LATE BELOWAR 185: CHAMER ALI S/O LATE KASEM ALI 186: SIRAJ UDDIN S/O LATE JAYNAL ABEDIN 187: AMIR HUSSAIN S/O LATE GOLAM HUSSAIN 188: DABIR UDDIN S/O LATE ABDUL JALIL 189: BAREK ALI S/O LATE DAROG ALI 190: ISMAIL HUSSAIN S/O LATE INCHAB ALI 191: SAHIDUL S/O LATE HASU SHEIKH 192: TARAF ALI S/O LATE NILCHAN SHEIKH 193: MAGARB ALI S/O LATE HASEN ALI 194: LAYLI KHATUN W/O LATE MAJIBAR RAHMAN 195: MALEK UDDIN S/O ABUL HUSSAIN 196: RAHAM ALI S/O LATE SHAJAHAN ALI 197: NAJMUL HOQUE S/O LATE ABDUL MALEK 198: BAHUT ALI S/O LATE CHAKIR UDDIN 199: JULHASH ALI S/O LATE AMZAD ALI Page No.# 14/26 200: JAKIR HUSSIN S/O LATE AMZAD ALI 201: HAJIRAN NESSA W/O ABDUL ALI 202: ABDUL BATEN S/O LATE AMJAD ALI 203: SAHA ALI S/O LATE NIDAN ALI 204: PASAN ALI S/O LATE IMAN ALI 205: KANCHAN MALA W/O LATE AMJAD ALI 206: RAMJAN ALI S/O BAHUT ALI 207: CHURMAN ALI S/O HUSSAIN ALI 208: KASHEM ALI S/O JABBAR ALI 209: NUR UDDIN S/O LATE ABUL HUSSAIN 210: SAHADAT ALI S/O LATE MOTIYAR RAHMAN 211: HUSSAIN ALI S/O LATE CHAKIR UDDIN 212: AMBIYA KHATUN W/O LATE NUR MAHAMMAD 213: AYNAL HOQUE S/O LATE IMAN ALI 214: JABBAR ALI S/O LATE IMAN ALI Page No.# 15/26 215: HAMED ALI S/O MAHAMMMAD ALI 216: ABDUL GAFUR S/O LATE AJAHAR ALI ALL ARE RESIDENTS OF VILLAGE DOLONI BEEL P.O BALAPARA P.S JOGIGHOPA DISTRICT BONGAIGAON ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM, REVENUE AND DISASTER MANAGEMENT DEPARTMENT, DISPUR, GUWAHATI 06 2:THE DISTRICT COMMISSIONER BONGAIGAON ASSAM 3:THE ADDITIONAL DISTRICT COMMISSIONER (REVENUE BONGAIGAON ASSAM 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 Page No.# 16/26 BEFORE HON’BLE MR. JUSTICE DEVASHIS BARUAH For the Petitioner(s) : Mr. K. K. Mahanta, Sr. Advocate : Mr. M. Ali, Advocate For the Respondent(s) : Mrs. P. R. Mahanta, Standing Counsel : Mr. B. J. Talukdar, Sr. Government Advocate · Date on which Judgment was reserved : N/A · Date of Pronouncement of Judgment : 16.02.2026 · Whether the pronouncement is of the Operative Part of the Judgment : No · Whether the full Judgment has been Pronounced : Yes JUDGMENT AND ORDER (ORAL) Heard Mr. K. K. Mahanta, the learned Senior counsel assisted by Mr. M. Ali, the learned counsel appearing on behalf of the Petitioners and Mr. B. J. Talukdar, the learned Senior Government Advocate appearing on behalf of the Respondent Nos. 2, 3, 4, 5 and 6. I have also heard Mrs. P. R. Mahanta, the learned Standing counsel appearing on behalf of the Respondent No.1. 2. Two hundred sixteen (216) writ petitioners have joined together to file the instant writ petition complaining about various notices issued by the Respondent No.6 which have been collectively enclosed to the writ petition as Anenxure-8 (series). Page No.# 17/26 3. The Petitioners herein claim that they are in possession of various small plots of land at village Doloni Beel, Boitamari Revenue Circle, in the District of Bongaigaon. 4. The case of the Petitioners herein is that they owned lands which were eroded by the river Brahmaputra and its tributaries. Thereafter, being poor cultivators, they occupied lands at Doloni Beel under Boitamari Revenue Circle in the District of Bongaigaon about 50 years ago and constructed dwelling houses thereon. The said lands are covered by various dag numbers, which have been duly mentioned in Paragraph No.3 of the writ petition. It is, therefore, the case of the Petitioners that they are not encroachers but are in settled possession of the lands. 5. It is also stated at Paragraph No.3 of the writ petition, that a perusal of the 1971 voter list of Village Doloni Beel shows that the Petitioners are descendants of persons who had been occupying land in the said village since 1971 as landless and river-eroded persons. After occupying the lands, they submitted several representations before the District Commissioner, Bongaigaon, seeking allotment of the occupied land in their names in view of their respective possession; however, no action has been taken till date. Page No.# 18/26 6. Mr. K. K. Mahanta, the learned Senior counsel appearing on behalf of the Petitioners submitted that no decision has been taken in respect to all those applications by the Respondent Authorities. It is however pertinent to observe that filing of application seeking settlement prima facie appears that the Petitioners have admitted that these are Government lands. 7. The grievance of the Petitioners however is that while their applications seeking settlement are pending, the Respondent Authorities have issued notices on 08.01.2026 under Section 18(3) of the Settlement Rules to the Petitioners. These notices as already stated above have been collectively enclosed as Annexure-8 (series) to the writ petition. 8. The learned Senior counsel for the Petitioners submitted that the Respondent No.6 by way of these notices dated 08.01.2026 have directed the Petitioners to demolish their houses/structures, remove all encroachments and vacate the lands on or before 23.01.2026 without carrying out any adjudication as regards the rights of the Petitioners qua the lands under their possession. The learned Senior counsel further submitted that on one hand, the Petitioners have been asked to vacate within 15 days i.e. on or before 23.01.2026 and on the other hand, the Petitioners have Page No.# 19/26 been also asked that if they have any claim or objection regarding their rights over the said lands, they need to submit the same along with relevant supporting documents to the Office of the Respondent No.6 on or before 23.01.2026 which means that even if any representation is submitted, it would not be a meaningful exercise. He therefore submitted that this is a fit case where the impugned notices are required to set aside and quashed. In addition to that, the learned Senior counsel submitted that all the said notices have been received one day prior to the date fixed for vacation. 9. Per contra, Mrs. P. R. Mahanta, the learned Standing counsel appearing on behalf of the Revenue Department submitted that the lands in question being Government lands, no person has rights to remain in occupation of such land unless allotted and settled as per the provisions of the Assam Land and Revenue Regulation, 1886 read with the Settlement Rules. He further submitted that instead of setting aside these notices, the notices be construed as Show Cause Notices upon the Petitioners and a period of 15 days can be granted to the Petitioners from today for submitting their respective representation(s) along with necessary evidence to substantiate their claims to remain over the said land under their occupation. He further submitted that on the basis of Page No.# 20/26 the respective representation so submitted by each Petitioner along with the documents, the District Commissioner, Bongaigaon or the Co-District Commissioner can be directed to look into such representations and thereupon pass Speaking Orders. 10. I have also heard Mr. B. J. Talukdar, the learned Senior Government Advocate appearing on behalf of the Respondent Nos. 2, 3, 4, 5 and 6 who also supports the submission of Mrs. P. R. Mahanta, the learned Standing counsel appearing on behalf of the Revenue Department. 11. This Court has heard the learned counsels appearing on behalf of the parties and has given anxious consideration to their respective submissions. 12. The materials on record have been duly taken note of. 13. A perusal of the provisions of Assam Land and Revenue Regulation, 1886 as well as the Settlement Rules clearly show that no person can remain in occupation of Government land without permission or allotment granted by the competent authority. 14. This Court also finds it pertinent to observe that the Assam Land Policy, 2019 confers certain rights upon those persons who Page No.# 21/26 are in Government lands to seek settlement. This aspect has been duly taken note of by the learned Division Bench of this Court in the case of Md. Salak Uddin Vs. State of Assam and Others reported in (2024) SCC Online Gau 921. It is very pertinent to observe that in the said judgment, the learned Division Bench of this Court observed that no matter what, a notice is required before initiating any procedure for eviction so that the principles of natural justice which forms a facet of Article 21 of the Constitution is not violated. 15. This Court now finds it also relevant to take note of the notices which have been issued to the Petitioners. One of such notices which have been enclosed to Annexure-8 (series) is reproduced herein under: “Government of Assam Office of The Circle Officer, Boitamari Revenue Circle, Boitamari No. BMC-2/2025/Part-1/6 Dated: Boitamari, 08th January, 2026 NOTICE To Hashem Ali, S/o Late Abdul Kader, Dolani Beel Page No.# 22/26 This is to inform you that a public notice was issued on 07.01.2026 directing all encroachers occupying government land under the villages Koreya Pahar, Bhoralkundi Beel, Konara Beel and Dolani Beel within the Boitamari Revenue Circle to vacate the encroached land. Upon enquiry, it has been found that you are illegally occupying government land covered by Dag No.404 of Dolani Beel village. Therefore, you are hereby directed to demolish your house/structures at your own cost, remove all encroachments, and vacate the said land on or before 23/01/2026. If you have any claim or objection regarding your right over the said land, you are required to submit the same along with relevant supporting documents to the office of the undersigned on or before 23/01/2026. Failing which, action shall be taken to evict the encroachers from the said land at any time after the said date, in accordance with the provisions of the Assam Land and Revenue Regulation, 1886. This notice is issued on 08.01.2026 under my hand and seal of the office. Sd/- illegible Circle Officer Boitamari Revenue Circle Boitamari” 16. A perusal of the said notice reveals that on one hand, one of the Petitioners have been asked to vacate within 15 days from the date of publication of the notice and on the other hand, the Petitioners have also been asked to submit representation within 15 days i.e. 23.01.2026. 17. The contents of the said notices do not inspire the confidence Page No.# 23/26 of this Court taking into consideration that on one hand the Respondent No.6 had asked the Petitioners to vacate the land under their occupation and on the other hand have asked the Petitioners to submit their grievances on or before 23.01.2026. It appears that the manner in which the Respondent No.6 proposes to deal with the matter is too mechanical. Under such circumstances, such course of action cannot be permitted as per the settled principles of law. Be that as it may, as the Petitioners admittedly have received notices which have been collectively enclosed as Annexure-8 (series) to the writ petition, it would be in the interest of justice that instead of setting aside the notices, the said notices be construed as Show Cause Notices. 18. The Petitioners can be granted the liberty to submit their respective representation treating the said notices as Show Cause Notice and thereby providing the necessary evidences which would show that the Petitioners have a right of settlement over the land in terms with the Assam Land Policy, 2019 as well as also that the Petitioners’ rights over the land have matured by operation of law. 19. This Court is also of the opinion that when the Petitioners are Page No.# 24/26 given the opportunity to submit their respective representations along with necessary evidences, an opportunity of personal hearing would also be required to be given to the Petitioners so that they are in a position to explain their case in relation to evidence produced. This Court duly takes note of a recent judgment passed by the Supreme Court in the case of Abdul Khalek and Others Vs. State of Assam and Others dated 10.02.2026 wherein the Supreme Court even in respect to reserved forest land directed that pursuant to orders passed, if the decision is not favourable, a further period of 15 days is required to be given so that the aggrieved parties can take recourse to the provisions of law. 20. Accordingly, the instant writ petition stands disposed of with the following observations and directions: (i) The notices which have been issued to the Petitioners enclosed as Annexure-8 (series) to the writ petition shall be treated as Show Cause Notices issued to the Petitioners. (ii) The Petitioners having received these notices are given the liberty to submit their respective representations within 20 days from today. (iii) This Court further directs that such representations be Page No.# 25/26 submitted to the District Commissioner, Bongaigaon. (iv) The District Commissioner, Bongaigaon or the Co-District Commissioner, within whose jurisdiction the lands in question are situated shall decide such representations by affording opportunity of personal hearing to the Petitioners who submit representation(s) in pursuance to the instant judgment passed by this Court. (v) The District Commissioner, Bongaigaon or Co-District Commissioner shall decide the representations by taking note of the provisions of the Assam Land and Revenue Regulation, 1886, the Settlement Rules as well as the Assam Land Policy, 2019 without being influenced by the contents of Paragraph Nos. 1 and 2 of the said notices so issued. (vi) It is further observed and directed that District Commissioner, Bongaigaon or the Co-District Commissioner shall pass Speaking Orders against the respective claims made by the Petitioners who submit representations as per the liberty granted above. (vii) It is further observed that in the circumstances, the Speaking orders passed are against the claims of the Petitioners who have submitted representations, no steps for eviction be carried out for a period of 15 days from service of such Speaking Orders upon the Page No.# 26/26 Petitioners. In that regard, it shall be open to the District Commissioner, Bongaigaon or the Co-District Commissioner to fix a date for passing the Speaking Order on the date of the personal hearing or such date as per its convenience. (viii) It is observed that till the aforesaid exercise is being carried out as directed hereinabove, no steps be taken for eviction of the Petitioners. (ix) Interim order passed on 06.02.2026 stands vacated. JUDGE Comparing Assistant Bijoy Saha Digitally signed by Bijoy Saha Date: 2026.02.19 11:02:50 +05'30'