Page No.# 1/4 GAHC010016342026 2026:GAU-AS:2143 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/446/2026 GANDHIR ALI AND 2 ORS S/O SAHADULLAH R/O CHARAIHAGI, MOUZA - NIZ TETELIYA, DISTRICT - MARIGAON, ASSAM, PIN - 782105 2: RAHAMAT ULLAH S/O SK. ABDULLAH @ABDULLAH ALI R/O TELAHI BHAKATGAON BANGALDHARA DISTRICT - MARIGAON ASSAM PIN -782412 3: YUNUSH ALI S/O GANDHIR ALI R/O CHARAIHAGI MOUZA - NIZ- TETELIYA DISTRICT - MARIGAON ASSAM PIN - 78210 VERSUS THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM, REVENUE AND DISASTER MANAGEMENT DEPARTMENT, ASSAM SECRETARIAT, DISPUR, GUWAHATI-6 2:THE DISTRICT COMMISSIONER MORIGAON DISTRICT - MORIGAON Page No.# 2/4 ASSAM. 3:THE CIRCLE OFFICER MORIGAON REVENUE CIRCLE DISTRICT - MORIGAON ASSAM 4:THE SUPERINTENDENT OF POLICE DISTRICT - MORIGAON ASSA For the Petitioner(s) : Mr. B. P. Borah, Advocate For the Respondent(s) : Mr. N. Goswami, Government Advocate BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 13.02.2026 Heard Mr. B. P. Borah, the learned counsel appearing on behalf of the Petitioners and Mr. N. Goswami, the learned Government Advocate appearing on behalf of the Respondents. 2. The instant writ petition has been filed apprehending that the Petitioners herein would be evicted pursuant to the Notice dated 31.12.2025 issued by the Circle Officer, Morigaon Revenue Circle. 3. This Court has duly perused the said notice dated 31.12.2025 whereby the Petitioners have been asked to provide the necessary documents and proofs thereby asserting the land Page No.# 3/4 rights in the tribal belt within a period of 15 days and it is also mentioned that if such proof is not produced within the stipulated period, the Petitioners were directed to remove the house/shop/crop/fence etc. standing upon the land within 1 (one) month from the date of receipt of the said notice. 4. It is claimed by the Petitioners at Paragraph No.12 of the writ petition that the Petitioners have submitted such replies to the notices and thereupon have filed the instant writ petition seeking certain protection. 5. It is the opinion of this Court that the instant writ petition is a totally misconceived writ petition inasmuch as the Petitioners have been provided the opportunity to submit the documents and if the Petitioners have submitted such documents, there is no necessity to worry inasmuch as the Respondent Authorities are obligated to pass Speaking Order on the rights of the Petitioners. However, if no such documents have been submitted in terms with the Notice dated 31.12.2025, the Petitioners cannot claim any right to remain over the land after expiry of one month. 6. Under such circumstances, this Court is not inclined to entertain the instant writ petition and accordingly, the instant writ petition stands dismissed. Page No.# 4/4 7. Before parting with the records, this Court however observes that in the circumstance, the Petitioners have submitted the documents as claimed, the Respondent Authorities would be obligated under law to pass a Speaking Order on the rights of the Petitioners and thereupon can only proceed. 8. Interim order passed earlier stands vacated. JUDGE Comparing Assistant