Page No.# 1/4 GAHC010168932025 2026:GAU-AS:3411 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4361/2025 CHANDRA ENGHI S/O SHRI SAISING ENGHI, R/O JANGPHONGLANGSO, P.O. DIYUNGBRA, P.S. DIYUNGMUKH, DISTRCIT - DIMA HASAO, ASSAM - 788819. VERSUS THE NORTH CACHAR HILLS AUTONOMOUS COUNCIL AND 2 ORS REPRESENTED BY ITS PRINCIPAL SECRETARY, HAFLONG, DISTRICT- DIMA HASAO, ASSAM, PIN- 788819. 2:THE SECRETARY LAND REVENUE AND SETTLEMENT NORTH CACHAR HILLS AUTONOMOUS COUNCIL HAFLONG DIMA HASAO ASSAM PIN- 788819. 3:THE ADDITIONAL SECRETARY LAND AND REVENUE DIMA HASAO AUTONOMOUS COUNCIL HAFLONG ASSAM PIN-788819. 4:THE DAVID LONG ENGHEE MEMORIAL TRUST REPRESENTED BY ITS SECRETARY SRI DORMEN ENGHI S/O SRI SARTHE ENGHI VILL. CHOTO LANGLAL P.O. AND PS UMRANGSO DIST DIMA HASAO Page No.# 2/4 ASSAM PIN-78893 For the Petitioner(s) : Mr. B.D. Das, Sr. Advocate Mr. H.R. Sarma, Advocate For the Respondent(s) :Mr. D. Kalita, Standing Counsel Mr. B.P. Borah, Advocate BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 06.03.2026 Heard Mr. B.D. Das, the learned Senior Counsel assisted by Mr. H.K. Sarma, the learned counsel appearing on behalf of the petitioner. Mr. D. Kalita, the learned counsel appears on behalf of the respondent Nos. 1 to 3 and Mr. B.P. Borah, the learned counsel appears on behalf of the respondent No. 4. 2. The instant writ petition has been filed by the petitioner challenging the order dated 20.02.2025 whereby the Additional Secretary and Revenue Officer, Dima Hasao Autonomous Council cancelled the order dated 11.02.2025 by which a plot of land was allotted to the petitioner upon payment of a settlement fee of Rs. 20,000/-. It is the further case of the petitioner that in the impugned order dated 20.02.2025, it was mentioned that the re- allotment shall be done upon the dispute being settled amicably between the parties before the Dima Hasao Autonomous Council Page No.# 3/4 Court. 3. Mr. B.D. Das, the learned Senior Counsel appearing on behalf of the petitioner submitted that the impugned order was passed behind the back of the petitioner on the basis of a complaint filed by the Secretary of the respondent No. 4. Under such circumstances, the learned Senior Counsel submitted that on the basis of the order dated 11.02.2025 and the deposit of the amount of Rs. 20,000/- by the petitioner, a right has been conferred upon the petitioner and any action cancelling the allotment would entail civil consequences. The learned Senior Counsel therefore submitted that this is a fit case wherein the impugned order is required to be interfered with on the ground of violation of the principles of natural justice. 4. This Court has duly taken note of that pursuant to the filing of the instant writ petition, an affidavit has been filed by the respondent Nos. 1 to 3. In the said affidavit, more particularly at paragraph No. 7, it is stated that a complaint was filed on 13.02.2025 by one Sri Kennedy Enghee, son of Late David Long Enghee before the respondent No. 3 against land encroachment by the petitioner and on the basis of the said complaint, the order of allotment dated 11.02.2025 issued in favour of the petitioner was cancelled. The statement made in the affidavit apparently makes it clear that the impugned order was passed Page No.# 4/4 behind the back of the petitioner without affording any opportunity of hearing to the petitioner. 5. Considering the above, it is the opinion of this Court that the impugned order dated 20.02.2025 cannot be sustained in law. 6. Accordingly, the instant writ petition stands disposed of with the following observations and directions: (i) The impugned order dated 20.02.2025 passed by the respondent No. 3 is set aside and quashed. (ii) This Court has not decided the rights of the parties in the instant proceedings, and the impugned order dated 20.02.2025 has only been set aside on the ground that it is in violation to the principles of natural justice. Under such circumstances, the official respondents, i.e., the respondent Nos. 1 to 3 shall be at liberty to take such action in respect to the order of allotment dated 11.02.2025 made in favour of the petitioner by following the principles of natural justice. (iii) Interim order passed earlier stands vacated. No costs. JUDGE Comparing Assistant