Page No.# 1/6 GAHC010072772026 2026:GAU-AS:7342 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2116/2026 MAMONI BEGUM W/O- JEHIRUL HOQUE BORBHUYAN ALIAS MD. JAHIRUL HAQUE R/O. VILL. HATIPOTY P.O. DEBASTHAN BAZAR P.S. MURAJHAR DIST. HOJAI, ASSAM PIN-782481 VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, REVENUE DEPARTMENT, DISPUR, GUWAHATI, PIN-781006. 2:THE DISTRICT COMMISSIONER HOJAI ASSAM. PIN- 782435. 3:THE EXECUTIVE ENGINEER HOJAI- LAMDING- BINNAKANDI DIVISION (IRRIGATION) HOJAI ASSAM. PIN-782440. 4:THE ASSISTANT ENGINEER BINNAKANDI SUB-DIVISION (IRRIGATION) DOBOKA HOJAI ASSAM. PIN-782440. 5:THE CIRCLE OFFICER HOJAI REVENUE CIRCLE HOJAI. PIN-782435 Advocate for the Petitioner : MR A A DEWAN, MR J. E. SARKAR,MR H A RASHID Page No.# 2/6 Advocate for the Respondent : GA, ASSAM, SC, REVENUE BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY JUDGMENT Date : 25-05-2026 Heard Mr. A.A. Dewan, learned counsel for the petitioner; Mr. A. Bhattacharyya, learned Standing Counsel, Revenue Department for the respondent no. 1; Ms. M. Barman, learned Junior Government Advocate, Assam for the respondent nos. 2 & 5; and Mr. N. Upadhyay, learned Standing Counsel, Irrigation Department for the respondent nos. 3 & 4. 2. Invoking extra-ordinary and discretionary jurisdiction of this Court under Article 226 of the Constitution of India, the petitioner has preferred the instant writ petition to assail an Eviction Notice dated 12.02.2026 issued by the respondent no. 4. 3. By the impugned Notice dated 12.02.2026, which has been addressed to the husband of the petitioner, namely, Md. Johirul Haque Borbhuiyan, son of Late Abdul Karim Borbhuiyan, the noticee has been informed that he is occupying Government Quarter no. 2 at Irrigation Colony, Debosthan. By serving the Notice, the noticee has been asked to vacate the said Government Quarter within a period of one month from the date of issuance of the said Notice or otherwise, action would be taken as per Government rules. The Notice dated 12.02.2026 is in continuation of an earlier Letter dated 20.11.2021. 4. The version projected by the petitioner in this writ petition, in brief, is that Page No.# 3/6 the petitioner’s father-in-law, Abdul Karim Borbhuiyan was an employee in the establishment of the Executive Engineer, Irrigation Department, Hojai. During his service period, Abdul Karim Borbhuiyan used to reside in the said Government Quarter no. 2 at Irrigation Colony, Debosthan. The said Government Quarter no. 2 is situated in a plot of land measuring 3 Kathas 5 Lessas of Government land. Abdul Karim Borbhuiyan retired from service on reaching the age of superannuation on 31.07.2014. In support of his date of retirement, the petitioner has annexed a copy of the Pension Payment Order of Abdul Karim Borbhuiyan. 5. Mr. Dewan, learned counsel for the petitioner has submitted that Abdul Karim Borbhuiyan expired on 02.04.2018. 6. It is the case of the petitioner that Abdul Karim Borbhuiyan and his family members consisting of the petitioner’s husband, Md. Johirul Haque Borbhuiyan and the petitioner have been residing in Government Quarter no. 2 for a long period of 40/45 years without any obstruction form any corner. The petitioner has stated that by the earlier Notice dated 20.11.2021, the petitioner was asked to vacate the Government Quarter no. 2 within a period of one month from the date of service of notice. The petitioner has further stated that her husband, Md. Johirul Haque Borbhuiyan lives in Saudi Arabia since 2014 for gainful employment. 7. With such factual projection, the petitioner assailing impugned Notice dated 12.02.2026, has sought for a direction to the State respondents not to act further upon the impugned Eviction Notice dated 12.02.2026. The petitioner has further stated that the petitioner has already submitted an application on 05.01.2023 seeking settlement of the Government land measuring 3 Kathas 5 Page No.# 4/6 Lessas wherein Government Quarter no. 2 is standing. 8. The Assam Public Premises [Eviction of Unauthorised Occupants] Act, 1971 [‘the Act’, for short] is an enactment to provide effective machinery for eviction of persons in unauthorised occupation of public premises and certain incidental matters connected thereto. 9. Section 2[d] and Section 2[c] have provided for definitions of ‘Premises’ and ‘Public Premises’ respectively. As per Section 2[d] of the Act, ‘Premises’ means any land or any building or part of a building and includes,- [i] the garden, grounds and out houses, if any, appertaining to such building or part of a building; and [ii] any fittings affixed to such building or part of a building for the more beneficial enjoyment thereof. As per Section 2[c] of the Act, ‘Public Premises’ means any premises belonging to, or taken on lease, hire or requisitioned by or on behalf of the State Government; the Assam State Electricity Board, the Assam State Road Transport Corporation or any Public sector undertaking owned or sponsored by the State Government. 10. Unauthorised occupation, as per Section 2[h] of the Act, in relation to any public premises, means the occupation by any person of the public premises without authority for such occupation and includes the continuance in occupation by any person of the public premises after the authority under which he was allowed to occupy the premises has expired or has been determined for any reason whatsoever. 11. It has been held by the Hon’ble Supreme Court in Union of India and another vs. Onkar Nath Dhar, [2021] 19 SCC 163, that a Government accommodation is only meant for in-service officers and not for the retirees or Page No.# 5/6 those who have demitted office. A Government accommodation cannot be allotted to a person who had demitted office. A right to shelter is a fundamental right, that may not be disputed, but such right of shelter is granted to millions of Indians who do not have shelter. A section of society, more so retired government employees, who had earned pension, drawn retirement benefits cannot be said to be in such condition, where the Government should provide government accommodation for an unlimited period. There is no indefeasible right in any citizen for allotment of government accommodation on a nominal licence fee. The Government accommodation is meant for the serving government employees to facilitate the discharge of their duties. The Government accommodation is not meant for the retirees. The accommodation to the retirees is at the cost of serving officers. 12. From the facts presented in the writ petition, it is an admitted position that Abdul Karim Borbhuiyan who was allotted the Government Quarter no. 2, retired from service on 31.07.2014 and thereafter, he expired on 02.04.2018. After his retirement on 31.07.2014, the family of Abdul Karim Borbhuiyan, could not have claimed any kind of right for occupation of Government Quarter no. 2. Therefore, the family of the petitioner has no right, not to speak of the right to seek settlement of any Government land whereupon Government Quarter no. 2 is situated. After 31.07.2014, the occupation of the Government Quarter no. 2 by the family members of Late Abdul Karim Borbhuiyan is clearly unauthorised occupation. The family of Abdul Karim Borbhuiyan or his son who has been living in Saudi Arabia since 2014 for gainful employment, and for that matter his wife, that is, the petitioner cannot have any right to claim settlement of any Government plot of land wherein Government Quarter no. 2 is located. Page No.# 6/6 13. Having found that no right of any kind of the family of the petitioner which has been infringed by either by the earlier Notice dated 20.11.2021 or by the impugned Eviction Order dated 12.02.2026, this Court is of the unhesitant view that the writ petition lacks merit and is liable to be dismissed in limine. It is accordingly dismissed with cost of Rs. 5,000/-, which is to be deposited by the petitioner before the Registry of this Court within a period of 2 [two] weeks from today. Upon deposit of the said amount, the Registry shall deposit the same amount in favour of the Gauhati High Court Legal Services Committee. JUDGE Comparing Assistant Digitally signed by Pallabi Das Date: 2026.05.27 11:13:34 +05'30'