Page No.# 1/7 GAHC010010612026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/368/2026 AKBAR ALI SO LATE DUDU MIAH, RO VILL KOREYA PAHAR, PO APM ASHOK PAPER MILL, PS JOGIGOPA, DIST BONGAIGAON, ASSAM, PIN 783388 2: HAZARAT ALI SO DANESH ALI RO VILL KOREYA PAHAR PO APM ASHOK PAPER MILL PS JOGIGOPA DIST BONGAIGAON ASSAM PIN 783388 3: BAREK ALI SO LATE SUKKUR ALI RO VILL KOREYA PAHAR PO APM ASHOK PAPER MILL PS JOGIGOPA DIST BONGAIGAON ASSAM PIN 783388 4: HABEZ UDDIN SO LATE AYNAL HOQUE RO VILL KOREYA PAHAR PO APM ASHOK PAPER MILL PS JOGIGOPA DIST BONGAIGAON ASSAM PIN 783388 5: AYNAL HOQUE SO LATE DELMAMUD SHEIKH RO VILL KOREYA PAHAR PO APM ASHOK PAPER MILL Page No.# 2/7 PS JOGIGOPA DIST BONGAIGAON ASSAM PIN 783388 6: HABIBAR RAHMAN SO LATE DELMAMUD SHEIKH RO VILL KOREYA PAHAR PO APM ASHOK PAPER MILL PS JOGIGOPA DIST BONGAIGAON ASSAM PIN 783388 7: MOYNALL HOQUE SO LATE DELMAMUD SHEIKH RO VILL KOREYA PAHAR PO APM ASHOK PAPER MILL PS JOGIGOPA DIST BONGAIGAON ASSAM PIN 783388RO VILL KOREYA PAHAR PO APM ASHOK PAPER MILL PS JOGIGOPA DIST BONGAIGAON ASSAM PIN 783388 8: JOYNAB BEWA WO LATE NUR ISLAM RO VILL KOREYA PAHAR PO APM ASHOK PAPER MILL PS JOGIGOPA DIST BONGAIGAON ASSAM PIN 783388 9: IMAN ALI SO AKKEL ALI RO VILL BHARAL KUNDI BEEL PO APM ASHOK PAPER MILL PS JOGIGOPA DIST BONGAIGAON ASSAM PIN 783388 10: RAHIM ALI SO AYNAL HOQUE Page No.# 3/7 RO VILL BHARAL KUNDI BEEL PO APM ASHOK PAPER MILL PS JOGIGOPA DIST BONGAIGAON ASSAM PIN 783388 11: HAIDAR ALI SO LATE SUKKUR ALI RO KOREYA PAHAR PO APM ASHOK PAPER MILL PS JOGIGOPA DIST BONGAIGAON ASSAM PIN 783388 12: SAHA JAMAL SO AJGAR ALI RO KOREYA PAHAR PO APM ASHOK PAPER MILL PS JOGIGOPA DIST BONGAIGAON ASSAM PIN 783388 13: ABBAS ALI SO LATE BILLAL HUSSAIN RO KOREYA PAHAR PO APM ASHOK PAPER MILL PS JOGIGOPA DIST BONGAIGAON ASSAM PIN 783388 14: BHANU KHATUN WO MOYNAL HOQUE RO KOREYA PAHAR PO APM ASHOK PAPER MILL PS JOGIGOPA DIST BONGAIGAON ASSAM PIN 783388 15: ABU BAKKAR SIDDIQUE SO BILAT ALI RO BHARAL KUNDI BEEL PO APM ASHOK PAPER MILL PS JOGIGOPA Page No.# 4/7 DIST BONGAIGAON ASSAM PIN 783388 16: RAHAM ALI SO SOHRAB ALI RO BHARAL KUNDI BEEL PO APM ASHOK PAPER MILL PS JOGIGOPA DIST BONGAIGAON ASSAM PIN 783388 17: ABU BAKKAR SIDDIQUE SO MUKSED ALI RO KOREYA PAHAR PO APM ASHOK PAPER MILL PS JOGIGOPA DIST BONGAIGAON ASSAM PIN 783388 18: ABDUR REZZAK SO LATE ABDUL SALAM RO VILL KOREYA PAHAR PO APM ASHOK PAPER MILL PS JOGIGOPA DIST BONGAIGAON ASSAM PIN 783388 19: SALAM ALI SO AYNAL SHEIKH RO VILL KOREYA PAHAR PO APM ASHOK PAPER MILL PS JOGIGOPA DIST BONGAIGAON ASSAM PIN 783388 20: A KHALEK SO LATE ABZAL SHEIKH RO VILL KOREYA PAHAR PO APM ASHOK PAPER MILL PS JOGIGOPA DIST BONGAIGAON ASSAM, PIN 783388 Page No.# 5/7 21: ANOWAR ALI SO LATE ZABED ALI RO VILL BHARAL KUNDI BEEL PO APM ASHOK PAPER MILL PS JOGIGOPA DIST BONGAIGAON ASSAM, PIN 78338 VERSUS THE STATE OF ASSAM and othrs REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT OF ASSAM, DISPUR, GHY 06 2:THE SECRETARY GOVT OF ASSAM REVENUE AND DISASTER MANAGEMENT DEPARTMENT DISPUR, GHY 06 3:THE DISTRICT COMMISSIONER BONGAIGAON ASSAM, PIN 783380 4:THE CIRCLE OFFICER BOITHAMARI REVENUE CIRCLE DIST BONGAIGAON ASSAM, PIN 78338 Advocate for the Petitioner : MR A ALIM SK, MR K ISLAM,MD. I H KHAN,MS. N NASRIN,MR. M U MONDAL Advocate for the Respondent : GA, ASSAM, SC. REVENUE BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI ORDER 20.02.2026 Heard Shri M. U. Mondal, learned counsel for the petitioners. Also heard Shri N. Goswami, learned State Counsel as well as Ms. P. R. Mahanta, learned Standing Counsel, Revenue Department. The matter was listed earlier when the learned State Counsel was directed Page No.# 6/7 to obtain instructions. As per the facts projected, the petitioners, who are 21 in nos. are flood affected persons and are in occupation of certain khas land. They had filed representations for settlement of the land. However, the eviction notices dated 07.01.2026 and 08.01.2026 were issued for their eviction. Shri Mondal, the learned counsel for the petitioners has submitted that without considering their representations, the eviction notices could not have been served. He has also relied upon the judgment rendered by the Hon’ble Division Bench of this Court in the case of Abdul Khalek & Ors. Vs State of Assam & Ors. [Judgment dated 18.08.2025 in WA/251/2025]. Reliance has also been placed on the judgment of the Hon’ble Supreme Court reported in (2025) 5 SCC 1 [Directions in the matter of demolition of structures, In Re]. Per contra, both Shri Goswami, the learned State Counsel as well as Ms. Mahanta, the learned Standing Counsel have submitted that there is no record of filing of any representation by the petitioners. They have also supported the impugned notices for eviction as the petitioners are encroachers of Government land. The rival submissions have been duly considered. While the petitioners have contended that representations have been filed for consideration of their respective cases, such fact has been disputed by the respondents. Considering the rival submissions and balancing the equities, irrespective of whether any reply/representation has been filed earlier or not, let fresh replies be submitted against the Show Cause Notices dated 07.01.2026 and 08.01.2026 within 7 (seven) days along with documents. If such replies are filed Page No.# 7/7 within the specified time, the same are required to be considered expeditiously in which the petitioners be given an opportunity of personal hearing. It is made clear that in case the replies are not filed within the time specified, the respondent authorities would be at liberty to proceed in accordance with law. It is also provided that in case the consideration goes against the petitioners, further 15 days time be afforded to them to vacate the land in question failing which the authorities would have the liberty to take actions in accordance with law. Accordingly, the writ petition stands disposed of. JUDGE Comparing Assistant