Page No.# 1/5 GAHC010019932026 2026:GAU-AS:5629 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1040/2026 IBRAHIM ALI AND 6 ORS S/O- ABDUL GANI, R/O- MAHISBATHAN, P.O.- TILAPARA, P.S.- CHAPOR, DIST.- DHUBRI 2: ABDUL MANNAN S/O- ABDUL GANI R/O- MAHISBATHAN P.O.- TILAPARA P.S.- CHAPOR DIST.- DHUBRI 3: ABDUR RAHIM S/O- LT. ABDUL GANI R/O- MAHISBATHAN P.O.- TILAPARA P.S.- CHAPOR DIST.- DHUBRI 4: ABDUL KASHEM S/O- LT. ABDUL GANI R/O- MAHISBATHAN P.O.- TILAPARA P.S.- CHAPOR DIST.- DHUBRI 5: ABDUL JALIL SIKDAR S/O- LT. ABDUL GANI R/O- MAHISBATHAN P.O.- TILAPARA P.S.- CHAPOR DIST.- DHUBRI 6: ZESMINA SHAHANAZ BEGUM D/O- JAMAT ALI MONDAL Page No.# 2/5 R/O- MAHISBATHAN P.O.- TILAPARA P.S.- CHAPOR DIST.- DHUBRI 7: BAEHEL ALI R/O- MAHISBATHAN P.O.- TILAPARA P.S.- CHAPOR DIST.- DHUBR VERSUS THE STATE OF ASSAM AND 2 ORS REPRESENTED BY THE COMMISSIONERAND SECRETARY TOTHE GOVERNMENT OF ASSAM , REVENUE AND DISASTER MANAGEMENT DEPARTMENT, DISPUR, GUWAHATI- 6 2:THE DISTRICT COMMISSIONER OF DHUBRI DISTRICT AT DHUBRI- P.O. AND DISTRICT- DHUBRI PIN- 783301 3:THE CIRCLE OFFICER CHAPAR REVENUE CIRCLE P.O. CHAPAR DISTRICT- DHUBRI ASSAM PIN- 78337 Advocate for the Petitioner : MR. M A SHEIKH, MR. W A SHEIKH,MS S A KHALIFA,MS F INTAZ Advocate for the Respondent : GA, ASSAM, SC, REVENUE BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER 24.04.2026 [1] Heard Mr. M.A. Sheikh, the learned counsel for the petitioners. Also heard Ms. M. Barman, the learned Junior Government Advocate appearing for the respondent Nos. 2 and 3 Page No.# 3/5 and Ms. P.R. Mahanta, the learned counsel for the respondent No. 1 [2] The petitioner’s case is that the predecessor-in-interest of the petitioners were landless persons, as their lands were eroded by the River Brahmaputra. Since they become homeless, they came in search of land and constructed their home and started cultivating in those lands, wherein they have been staying. It is the case of the petitioners that they have been staying in the aforesaid land for last 50 years or so and since they have been staying in the aforesaid land for long time, they have applied for settlement of the land in terms of the Notification dated 11.11.2022 issued by the Deputy Secretary to the Government of Assam, Revenue and Disaster Management Department, Assam. Since their applications were not considered by the Respondent Authorities and on 05.01.2026, certain official persons came to their land, being apprehensive of eviction, the petitioners have approached this court. [3] Notice in the instant case was issued on 25.02.2026, when the following order was passed: “Considering the above, while the court is not inclined to pass a blanket interim order, it is provided that in case, there is a move to evict the petitioners, the same cannot be done without following the due process of law, more particularly, those provided in the Rules framed under Assam Land and Revenue Regulation, 1886 and the interpretation made by the Hon’ble Division Bench in the case of “Md. Salak Uddin Vs. State of Assam” reported in “2024 (4) GLT 857.” Page No.# 4/5 [4] While hearing the matter on the last occasion, i.e., on 22.04.2026, the learned Government counsel appearing for the said respondents has submitted a communication dated 28th April, 2026 issued by the Circle Officer, Chapar Revenue Circle, Chapar which is already on record. The learned counsel for the petitioners, Mr. M.A. Sheikh, sought some time on the particular date to take instructions from his clients. [5] Today, when the matter was taken up, the learned counsel appearing for the petitioners submits that though the instructions have been submitted by the respondents, but no speaking order has been received by the petitioners as yet. Therefore, he submits that the speaking order should be issued to the petitioners. [6] Ms. M. Barman, the learned Junior Government Advocate submits that she does not have any instructions as to whether any speaking order has already been passed or not. But the applications of the petitioners have been rejected due to insufficient documents. She submits that in the event of submissions of a fresh application by the petitioners with the required documents, the application will be freshly considered by the respondent authorities. [7] In view of the aforesaid submissions made, it is directed to the concerned respondent authorities to pass speaking orders of rejection of the applications of the petitioners within a period of 1(one) week. Thereafter, copies of such orders shall be provided to the petitioners. Page No.# 5/5 [8] After receipt of the speaking orders, the petitioners can file their respective applications along with required documents for fresh consideration of the Respondent Authorities. [9] In terms of the aforesaid directions, the instant writ petition is disposed of. JUDGE Comparing Assistant