FALANI KHATUN AND 2 ORS. v. THE STATE OF ASSAM AND 7 ORS.
WP(C)/1986/2026 · 2026-04-05
Anjan Moni Kalita
Writ Petition (Civil)body2026
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[ 2026 DAILYLAW 4012 (GAU) · dailylaw.ai ]
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[ 2026 DAILYLAW 4012 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/5 GAHC010066902026
2026:GAU-AS:5018
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1986/2026 FALANI KHATUN AND 2 ORS.
W/O LATE BAREK ALI @ ABDUL BAREK, RESIDENT OF VILL- KHUTAMARI, (KA), P.O.AND P.S. GOALPARA, DIST. GOALPARA, ASSAM, PIN-783101 2: AYESHA KHATUN W/O LATE BAHAR ALI RESIDENT OF VILL- KHUTAMARI (KA) P.O.AND P.S. GOALPARA DIST. GOALPARA ASSAM PIN-783101 3: AKACHED ALI SHEIKH S/O LATE RUSTOM ALI RESIDENT OF VILL- KHUTAMARI (KA) P.O.AND P.S. GOALPARA DIST. GOALPARA ASSAM PIN-78310 VERSUS THE STATE OF ASSAM AND 7 ORS.
TO BE REP. BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM, REVENUE AND DISASTER MANAGEMENT DEPARTMENT, DISPUR, GUWAHATI-781006.
2:THE DISTRICT COMMISSIONER GOALPARA P.O. AND P.S. GOALPARA
Page No.# 2/5 DIST. GOALPARA ASSAM PIN-788101.
3:THE CIRCLE OFFICER BALIJANA REVENUE CIRCLE P.O. AND DIST. GOALPARA ASSAM PIN-783101.
4:THE LAT MONDAL C/O CIRCLE OFFICER BALIJANA REVENUE CIRCLE P.O.
P.S. AND DIST. GOALPARA ASSAM PIN-783101.
5:SADALI SARKAR (GAONBURAH) S/O GIDALI SARKAR
RESIDENT OF VILL- KHUTAMARI (KA) P.O.AND P.S. GOALPARA DIST. GOALPARA ASSAM PIN-783101 6:SMTI. KHEMONI SANGMA D/O LT. RAJIT SANGMA
W/O LEDISON SANGMA R/O VILL- KOMRI P.S. AND DIST. GOALPARA ASSAM PIN-783101.
7:SAHJAHAN KHANDAKAR S/O WAJED ALI KHANDAKAR
R/O VILL- KHUTAMARI (KA) P.O.
P.S. AND DIST. GOALPARA ASSAM PIN-783101.
Page No.# 3/5 8:RASHID MULLAH S/OLT. ASOR UDDIN MULLAH RESIDENT OF VILL- KHUTAMARI (KA) P.O.AND P.S. GOALPARA DIST. GOALPARA ASSAM PIN-78310 Advocate for the Petitioner : MD. S Z B AKLAS, MR. A M S MAZUMDER Advocate for the Respondent : GA, ASSAM, SC, REVENUE
BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA
ORDER 06.04.2026
1. Heard Mr. A.M.S Mazumder, learned counsel appearing for the petitioners. Also heard Mr. N. Das, learned Government Advocate for the respondent nos.2, 3 and 4 and Ms. G. Hazarika, learned counsel for respondent no.1.
2. The case of the petitioner is that the respondent nos. 4 and 5 evicted the petitioners from a portion of land measuring 3 Kathas out of the land measuring 1 Bigha 15 Lecha covered by Dag No.497, Patta No.169 situated at Village – Khutamari (KA), P.O and P.S – Agia, Revenue Circle - Balijana, Mouza- Balijana, District – Goalpara, Assam, by destroying their dwelling house and the trees standing on the same land, illegally, without following the due process of law and thereafter, handed over the possession of the land to private
Page No.# 4/5 respondent no.7, in collaboration with other private respondents for their unlawful gain and interest.
3. The learned counsel appearing for the petitioners submits that the possession of the land was gained by the petitioners in view of a power of attorney issued by the respondent no.6 and thereafter, the petitioners have been staying in the aforesaid land without any disturbance. He submits that land was due for registration but in the meantime, the respondent no.4 in collusion with respondent no.7 has dislodged them from the aforesaid land.
4. In view of the aforesaid arbitrary action, the petitioners approached the Circle Officer by submitting a representation on 28.10.2025, which was not responded by the Circle Officer and thereafter, they filed another representation on 17.11.2025, which also had to face the same fate.
5. In view of the aforesaid, the learned counsel appearing for the petitioners submits that the Circle Officer should be directed to consider their representation and accordingly, dispose of the representation.
6. To the aforesaid submission, the learned counsel appearing for the respondents does not have any objection.
7. In view of the aforesaid, the instant writ petition is
disposed of with a direction to the respondent no.3 to dispose of the pending representation dated 17.11.2025 before him within a period of 2 (two) months from the date of receipt of the certified copy of the instant order.
Page No.# 5/5
8. The petitioners shall submit the certified copy of the instant
order at the earliest before the concerned respondent no.3.
9. In view of the aforesaid direction, the instant writ petition is disposed of.
JUDGE Comparing Assistant