Page No.# 1/7 GAHC010005492026 2026:GAU-AS:1940 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/742/2026 SK ABDULLA AND 45 ORS. S/O- SAINUDDIN AHMED 2: SOHID ALI S/O- JAHAN UDDIN SHEIKH 3: MOHIDUL ISLAM S/O- JAHAN UDDIN 4: SUKUR ALI S/O- SATTAR ALI 5: SAHANUR ISLAM S/O- AYNAL HOQUE 6: OSMAN ALI S/O- ABDUL SHEIKH 7: SAHID JAMAL S/O- BELLAL ALI 8: AMINUR ISLAM S/O- AYNAL HOQUE 9: AZAD ALI S/O- AYNAL HOQUE 10: ABDUL SAFUR S/O- AJGAR ALI 11: FOJOR ALI S/O- TAHAR ALI 12: JAHIRON NESSA Page No.# 2/7 W/O- YOUSUF ALI SK 13: ABIYA BIBI S/O- ISMAIL HUSSAIN 14: ABU TAHER ALI S/O- INSAB ALI 15: KAHURA BIBI W/O- IMAN ALI 16: SARIFUN NESSA W/O- INCHAN ALI 17: KISHMOT ALI S/O- INCHAN ALI 18: HAKIM ALI S/O- MANNAF ALI 19: AMBIA KHATUN W/O- MOYNAL HOQUE 20: HASHMOT ALI S/O- MANNAF ALI 21: MEHER ALI S/O- INCHAN ALI 22: ESAB ALI S/O- RASHID ALI 23: SADDAM HUSSAIN S/O- ABDUL ROSHID 24: CHANDRABHANU BIBI W/O- ABUL HUSSAIN 25: TAHAJ UDDIN S/O- INCHAB ALI 26: CHANEKA BIBI W/O- NURMOHAMMAD ALI 27: AMINUL ALI S/O- YOUSUF ALI SHEIKH 28: AMIR ALI Page No.# 3/7 S/O- SHAJAHAN ALI 29: ABU CHAYED ALI S/O- INACHAW ALI 30: JAHIRUL ISLAM S/O- BAREK ALI 31: ABU KALAM S/O- INCHAB ALI 32: JIAYARUL HOQUE S/O- AZIZUL HOQUE 33: ASADUL HOQUE S/O- AZIZUL HOQUE 34: SOMIR ALI S/O- SAHAJAHAN ALI 35: ROFIQUL ISLAM S/O- BELLAL HUSSAIN 36: YOUSOF ALI S/O- BAHEJ ALI 37: JAHANARA BIBI W/O- SUKUR ALI 38: HAMED ALI S/O- BELLAL ALI 39: SAFER ALI S/O- ASMAT ALI 40: ANOWARA BIBI S/O- ISMAIL HUSSAIN 41: AFSAR ALI S/O- ISMAIL HUSSAIN 42: ABDUL BAREK S/O- FAZAR ALI 43: ANSER ALI S/O- FAZAR ALI Page No.# 4/7 44: JOYNUDDIN SHEIKH S/O- SOBUR ALI 45: JOSHMOT ALI S/O- INCHAN ALI 46: TOFIZ ALI S/O- ABUL HUSSAIN ALL ARE R/O- VILL- JOMDUAR PART -I P.O- HAKAMA P.S- BILASIPARA DIST- DHUBRI ASSAM PIN-78334 VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, REVENUE AND DISASTER MANAGEMENT, DEPARTMENT, DISPUR, GUWAHATI-06 2:THE DISTRICT COMMISSIONER DHUBRI ASSAM PIN-783301 3:THE CIRCLE OFFICER BILASIPARA REVENUR CIRCLE P.O- BILASIPARA DIST- DHUBRI ASSAM PIN-783348 4:THE COMMISSIONER OF BILASIPARA CO-DISTRICT P.O- BILASIPARA DIST- DHUBRI ASSAM PIN-78334 For the Petitioner(s) : Mr. M.A. Sheikh, Advocate For the Respondent(s) : Mr. B.J. Talukdar, Sr. Govt. Advocate Ms. P.R. Phukan, Standing Counsel Mr. P.K. Medhi, Govt. Advocate Page No.# 5/7 BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 11.02.2026 Heard Mr. M.A. Sheikh, the learned counsel appearing on behalf of the petitioners. Ms. P.R. Phukan, the learned Standing Counsel appears on behalf of the respondent No. 1 and Mr. B.J. Talukdar, the learned Senior Government Advocate assisted by Mr. P.K. Medhi, the learned Government Advocate appears on behalf of the respondent Nos. 2 to 4. 2. Taking into account the grievance of the petitioners, the instant writ petition is taken up for disposal at the Motion stage itself. 3. The case of the petitioners herein is that their predecessors- in-interest have been in continuous possession of the lands presently under the occupation of the petitioners for the last 50 (fifty) years. The 46 (forty six) petitioners herein have filed individual applications seeking allotment of the said lands. It is noticed that the said applications were filed in the years 2023, 2024 and 2025 respectively. The lands under their respective possession are described in detail in Schedules A, B, C, D, E, F, G, H, I, J, K, L, M, N, O, P, Q, R, S, T, U, V, W, X, Y, Z, A1, A2, Page No.# 6/7 A3, A4, A5, A6, A7, A8, A9, A10, A11, A12, A13, A14, A15, A16, A17, A18, A19 and A20 respectively to the instant writ petition. 4. It is the further case of the petitioners that though the said applications are pending consideration but on 04.01.2026, the petitioners have been threatened with eviction. Apprehending that they may be evicted without following the procedure established by law, the petitioners have approached this Court by filing the present writ petition. 5. It is no longer res integra that if the land in question is a Government land, the Government can evict the occupants by following the procedure established by law. This aspect has been duly dealt with by the learned Division Bench of this Court in the case of Md. Salak Uddin Vs. State of Assam & Others reported in (2024) SCC OnLine Gau 921. 6. Taking into account the above, this Court observes that if the petitioners are to be evicted from the lands in question as described in Schedules A, B, C, D, E, F, G, H, I, J, K, L, M, N, O, P, Q, R, S, T, U, V, W, X, Y, Z, A1, A2, A3, A4, A5, A6, A7, A8, A9, A10, A11, A12, A13, A14, A15, A16, A17, A18, A19 and A20 respectively, the respondents herein shall follow the procedure established by law as well as the mandate laid down by the learned Division Bench of this Court in the case of Md. Salak Page No.# 7/7 Uddin (supra). 7. With the above, the instant writ petition stands disposed of. JUDGE Comparing Assistant