Page No.# 1/11 GAHC010116082021 2026:GAU-AS:2752 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3561/2021 SATYA TALUKDAR @ SATYA RAM TALUKDAR S/O LT. MADHAB TALUKDAR, R/O VILL. AND P.O. BONGORA, P.S. PALASHBARI, DIST. KAMRUP, PIN-781015, ASSAM VERSUS THE STATE OF ASSAM AND 12 ORS REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, LAND AND REVENUE DEPTT. DISPUR, GUWAHATI-781006 2:THE CHIEF SECRETARY GOVT. OF ASSAM DISPUR GUWAHATI-781006 KAMRUP (M) ASSAM 3:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM REVENUE AND DISASTER MANAGEMENT DEPTT. GUWAHATI-781006 KAMRUP M ASSAM 4:THE DIRECTOR GENERAL OF POLICE ULUBARI GUWAHATI-781007 KAMRUP M ASSAM 5:THE DEPUTY COMMISSIONER KAMRUP AMINGAON PIN-781031 DIST. KAMRUP ASSAM Page No.# 2/11 6:THE SUPERINTENDENT OF POLICE KAMRUP AMINGAON DIST.- KAMRUP ASSAM PIN- 781031. 7:THE CIRCLE OFFICER PALASHBARI REVENUE CIRCLE PALASHBARI DIST. KAMRUP PIN-781015 ASSAM 8:THE OFFICER IN CHARGE PALASHBARI POLICE STATION PALASHBARI DIST. KAMRUP PIN-781015 ASSAM 9:PAPPU ALI @ R. PHUKAN ASSISTANT SUB INSPECTOR PALASHBARI POLICE STATION PALASHBARI DIST. KAMRUP PIN-781015 ASSAM 10:BIJAY KATHAR ASSISTANT SUB-INSPECTOR PALASHBARI POLICE STATION PALASHBARI DIST. KAMRUP PIN-781015 ASSAM 11:BASANTI NATH W/O LT. LOHIT NATH R/O VILL. BONGORA P.S. PALASHBARI DIST. KAMRUP PIN-781015 ASSAM 12:ASSAM POWER DISTRIBUTION COMPANY LTD. (APDCL) REP. BY ITS CHAIRMAN BIJULEE BHAWAN PALTAN BAZAR GUWAHATI-781001 DIST. KAMRUP M ASSAM 13:THE SUB DIVISIONAL OFFICER MIRZA ELECTRICAL SUB-DIVISION Page No.# 3/11 APDCL MIRZA GUWAHATI ELECTRICAL CIRCLE -II DIST. KAMRUP ASSA Linked Case : I.A.(Civil)/2926/2025 SATYA TALUKDAR @ SATYA RAM TALUKDAR S/O LT. MADHAB TALUKDAR R/O VILL. AND P.O. BONGORA P.S. PALASHBARI DIST. KAMRUP PIN-781015 ASSAM VERSUS THE STATE OF ASSAM AND ORS REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM LAND AND REVENUE DEPTT. DISPUR GUWAHATI-781006 2:THE CHIEF SECRETARY GOVT. OF ASSAM DISPUR GUWAHATI-781006 KAMRUP (M) ASSAM 3:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM REVENUE AND DISASTER MANAGEMENT DEPTT. GUWAHATI-781006 KAMRUP M ASSAM 4:THE DIRECTOR GENERAL OF POLICE ULUBARI GUWAHATI-781007 KAMRUP M ASSAM 5:THE DEPUTY COMMISSIONER KAMRUP AMINGAON PIN-781031 DIST. KAMRUP ASSAM 6:THE OFFICER IN CHARGE PALASHBARI POLICE STATION Page No.# 4/11 PALASHBARI DIST. KAMRUP PIN-781015 ASSAM 6:THE SUPERINTENDENT OF POLICE KAMRUP AMINGAON DIST.- KAMRUP ASSAM PIN- 781031. 7:THE CIRCLE OFFICER PALASHBARI REVENUE CIRCLE PALASHBARI DIST. KAMRUP PIN-781015 ASSAM 9:PAPPU ALI @ R. PHUKAN ASSISTANT SUB INSPECTOR PALASHBARI POLICE STATION PALASHBARI DIST. KAMRUP PIN-781015 ASSAM 10:BIJAY KATHAR ASSISTANT SUB-INSPECTOR PALASHBARI POLICE STATION PALASHBARI DIST. KAMRUP PIN-781015 ASSAM 11:BASANTI NATH W/O LT. LOHIT NATH R/O VILL. BONGORA P.S. PALASHBARI DIST. KAMRUP PIN-781015 ASSAM 12:JOGESWAR TALUKDAR GOVT. GAON BURHA PALASHBARI CIRCLE VILLAGE BONGARA LAT NO. 3 PO BONGARA DIST KAMRUP ASSAM 781015 13:GANESH TALUKDAR PRESIDENT BANGARA MAJPARA RAIJ GAYRAH Page No.# 5/11 VILLAGE BONGARA LAT NO. 3 PO BONGARA DIST KAMRUP ASSAM 781015 14:LACHIT CHOUDHURY SECRETARY OF SRI SRI SATURBHUJ SATRA BANGARA MAJPARA RAIJ GAYRAH VILLAGE BONGARA LAT NO. 3 PO BONGARA DIST KAMRUP ASSAM 781015 Linked Case : I.A.(Civil)/2671/2024 BASANTI NATH W/O LT. LOHIT NATH R/O VILL. BONGORA P.S. PALASHBARI DIST. KAMRUP PIN-781015 ASSAM VERSUS SATYA TALUKDAR @ SATYA RAM TALUKDAR AND 11 ORS S/O LT. MADHAB TALUKDAR R/O VILL. AND P.O. BONGORA P.S. PALASHBARI DIST. KAMRUP PIN-781015 ASSAM 2:THE CHIEF SECRETARY GOVT. OF ASSAM DISPUR GUWAHATI-781006 KAMRUP (M) ASSAM 3:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM REVENUE AND DISASTER MANAGEMENT DEPTT. GUWAHATI-781006 KAMRUP M ASSAM 4:THE DIRECTOR GENERAL OF POLICE ULUBARI GUWAHATI-781007 KAMRUP M ASSAM Page No.# 6/11 5:THE DEPUTY COMMISSIONER KAMRUP AMINGAON PIN-781031 DIST. KAMRUP ASSAM 6:THE SUPERINTENDENT OF POLICE KAMRUP AMINGAON DIST.- KAMRUP ASSAM PIN- 781031. 7:THE CIRCLE OFFICER PALASHBARI REVENUE CIRCLE PALASHBARI DIST. KAMRUP PIN-781015 ASSAM 8:THE OFFICER IN CHARGE PALASHBARI POLICE STATION PALASHBARI DIST. KAMRUP PIN-781015 ASSAM 9:PAPPU ALI @ R. PHUKAN ASSISTANT SUB INSPECTOR PALASHBARI POLICE STATION PALASHBARI DIST. KAMRUP PIN-781015 ASSAM 10:BIJAY KATHAR ASSISTANT SUB-INSPECTOR PALASHBARI POLICE STATION PALASHBARI DIST. KAMRUP PIN-781015 ASSAM 11:ASSAM POWER DISTRIBUTION COMPANY LTD. (APDCL) REP. BY ITS CHAIRMAN BIJULEE BHAWAN PALTAN BAZAR GUWAHATI-781001 DIST. KAMRUP M ASSAM 12:THE SUB DIVISIONAL OFFICER MIRZA ELECTRICAL SUB-DIVISION APDCL MIRZA Page No.# 7/11 GUWAHATI ELECTRICAL CIRCLE -II DIST. KAMRUP ASSAM Linked Case : Cont.Cas(C)/391/2021 SATYA TALUKDAR @ SATYA RAM TALUKDAR S/O LATE MADHAB TALUKDAR R/O VILL AND P.O.-BONGORA P.S.-PALASHBARI DIST-KAMRUP PIN-781015 ASSAM VERSUS KAILASH KARTHIK N IAS AND 2 ORS DEPUTY COMMISSIONER KAMRUP AMINGAON PIN-781031 DIST- KAMRUP ASSAM 2:HITESH CHANDRA ROY APS SUPERINTENDENT OF POLICE KAMRUP AMINGAON DIST- KAMRUP PIN-781031 3:JIBENDRA BRAHMA INSPECTOR OF POLICE OFFICER-IN-CHARGE PALASHBARI POLICE STATION PALASHBARI DIST- KAMRUP PIN-781015 ASSAM Page No.# 8/11 For the Petitioner(s) : Mr. P. Sarmah, Advocate For the Respondent(s) : Ms. N. Bordoloi, SC, Revenue Mr. B. J. Talukdar, Sr. Advocate Mr. P. K. Medhi, Advocate Mr. G. Kakati, Advocate Mr. D. Choudhury, Advocate BEFORE HON’BLE MR. JUSTICE DEVASHIS BARUAH O R D E R 23.02.2026 Heard Mr. P. Sarmah, the learned counsel appearing on behalf of the petitioner. Ms. N. Bordoloi, the learned counsel appears on behalf of the respondent Nos.1 & 3; Mr. B. J. Talukdar, the learned Senior Counsel assisted by Mr. P. K. Medhi, the learned counsel appears on behalf of respondent Nos.2, 4, 5, 6, 7, 8 & 10; Mr. G. Kakati, the learned counsel appears on behalf of the respondent No.11 and Mr. B. Choudhury, the learned counsel appears on behalf of the respondent Nos.12 & 13. 2. The petitioner herein has approached this Court apprehending that the respondent Nos.7, 8, 9 & 10 in concert and collusion with the respondent No.11 would evict the petitioner from his possession of the Government land in respect to which the petitioner has already submitted application for allotment which is yet to be considered. Page No.# 9/11 3. This Court has duly taken note of the affidavit-in-opposition filed by respondent No.7 wherein it is mentioned that a plot of land admeasuring 1 bigha 1 katha 15 lechas is covered by the ceiling surplus land being Dag No.768, Touzi No.221 of village Bongora under Chayani Mouza. It is also mentioned at paragraph No.4 of the affidavit-in-opposition that the petitioner had applied for allotment of 1 bigha 1 katha 15 lechas of land and he is paying the Touzi Khajana by Touzi No.221 and the respondent No.11 has applied for allotment of a plot of land admeasuring 1 katha 2 lechas where she is paying Touzi Khajana by Touzi No.492. It is also stated that the Lot Mandals visited the area and submitted report. In the Lot Mandals’ report, the petitioner has possession on the back side of the Dag using passage from the PWD road to his residence of the Touzi land and the respondent No.11 has possession of 1 katha 2 powa with boundary wall on the front portion of the Dag, and both the two plots are completely separate plots and both the petitioner and the respondent Noo.11 are paying separate Touzi Khajana by separate Touzi numbers. At paragraph Nos.7 and 8 of the affidavits-in-opposition, the respondent No.7 had denied that there is any threatening given to the petitioner to hand over the possession to the respondent No.11. 4. This Court has also heard the learned counsel who appears Page No.# 10/11 on behalf of the respondent No.11 who submitted that the respondent No.11 is in possession of 1 katha 2 lechas and her land is separate from the land of the petitioner. 5. This Court has also heard Mr. B. J. Talukdar, the learned Senior Counsel who appears on behalf of respondent Nos.2, 4, 5, 6, 7, 8 & 10 and submitted that both the petitioner as well as the respondent No.11 are in possession of Government land without any permission, and under such circumstances, they cannot claim any right to remain in possession unless the competent authority has permitted them or have issued allotment in their favour. 6. This Court has given an anxious consideration to the respective submissions and has perused the materials on record. From the perusal of the materials on record, it appears that both the petitioner and the respondent No.11 are admittedly on Government lands. They have also claimed settlement by filing applications which are presently pending before the appropriate authority. 7. This Court also duly takes note of that no person has right to occupy Government lands sans any permission being granted by the jurisdictional District Commissioner or settlement being made by the Government. Be that as it may, if a person is in Page No.# 11/11 possession of such Government lands, they cannot be evicted from such Government land without following the procedure established by law that is by issuance of notice to them thereby allowing them to state their case before the competent authority. 8. Under such circumstances, this Court therefore disposes of the instant writ petition thereby directing the respondent authorities not to evict the petitioners as well as the respondent No.11 without following the procedure established by law that is by issuing show cause notices to the petitioner as well as the respondent No.11. 9. It is further observed that the instant order shall not however prejudice both the petitioner as well as the respondent No.11 in respect to their respective applications filed seeking settlement. JUDGE Comparing Assistant