HASEN ALI AND 142 ORS v. THE STATE OF ASSAM AND 4 ORS
WP(C)/3386/2026 · 2026-06-23
Manish Choudhury
Writ Petition (Civil)body2026
DailyLaw.ai
[ 2026 DAILYLAW 8914 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 8914 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/14 GAHC010128012026
2026:GAU-AS:9185
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3386/2026 HASEN ALI AND 142 ORS S/O. LATE CHAMED ALI 2: ABDUL HAI S/O. LATE SURJYAT ALI 3: MAHAMMAD ALI S/O. LATE ABDUL RAHIM 4: ABDUL SALAM S/O. LATE MAGAR ALI. 5: SURAJ MIYA S/O. LATE AFAJ UDDIN 6: ABDUL HANNAN S/O. LATE SAHAR ALI 7: ABDUL MALEK S/O. LATE ABDUL HUSSAIN 8: SAMSUL ALAM LATE MARTUJ ALI FAKIR 9: MD SHAHJAHAN ALAM S/O. SAMSUL ALAM 10: MAMTAZ ALI S/O. SAMSUL ALAM 11: MANORUDDIN ALI
Page No.# 2/14 S/O. LATE CHIRAJ UDDIN 12: MOJIBUR RAHMAN S/O. LATE ABDUL KADIR 13: ABUL HUSSAIN S/O. LATE JAHER ALI. 14: LOKMAN BECHA S/O. ABDUL HUSSAIN 15: MOBAREK ALI S/O. LATE IMAN ALI 16: ELIASH ALI S/O. LATE ABDUL AJIJ 17: MIRAJ ALI MIRAJ AJIJ 18: SHAHIRUL HUDA S/O. NURIKUL ISLAM. 19: GULENUR HUDA S/O. NURIKUL ISLAM 20: ALLALUDDIN ALI S/O. ABDUL AJIJ 21: MD NURIKUL ISLAM S/O. LATE MARTUZ ALI FAKIR 22: MD HARJUL ISLAM S/O. LATE MARTUSH ALI FAKIR 23: MD DILWAR HUSSAIN MD DILWAR HUSSAIN HEKIM 24: SUKUR ALI S/O. LATE NANU MIR 25: MD NIZAM UDDIN ALI S/O. LATE ABDUL SALAM
Page No.# 3/14 26: ABDUL LATIF S/O. LATE ISMAIL AKAND 27: ROFIKUL ISLAM S/O. LATE MIR HUSSAIN 28: IMAN ALI S/O. LATE CHUBED ALI 29: ABU BAKKAR SIDDIK S/O. HASEN ALI 30: MAFIJ UDDIN S/O. NHACHEN ALI 31: ATABUR RAHMAN S/O. NABI HUSSAIN 32: ALI HUSSAIN S/O. LATE ABDUL JABBAR 33: ABDUL BAREK S/O. LATE CHANDA MINA.
34: RAKMAT ALI S/O. SAIBALI 35: AFIYA KHATUN W/O. MATLEB ALI 36: MAMONI CHOUDHARY W/O. ABDUL KASHEM 37: SAHAR UDDIN ALI S/O. LATE KUDU ALI 38: GAFUR ALI S/O. LATE ANSAR ALI 39: KUTUMUDDIN ALI Page No.# 4/14 S/O. HACHEN ALI 40: SHAHIDUL ISLAM S/O. CHAMAR ALI 41: SADDAM HUSSAIN S/O. LATE ABDUL BAREK 42: SAIDUL ISLAM S/O. MOJIBUR RAHMAN 43: NASIR ALI S/O. LATE FUL MAHAMAD 44: NUR ISLAM S/O. LATE JANAB ALI 45: HUSSAIN AHMED S/O. LATE MIR HUSSAIN 46: ABDUL MANNAN S/O. LATE ALI MUDDIN 47: KUDDUCH ALI S/O. LATE MAMUD ALI 48: NUR MAHAMMAD ALI S/O. LATE RAMESH ALI 49: ABU BAKKAR SIDDIK S/O. LATE AMSAR BEPARI 50: ABDUL HOQUE S/O. ABDUL CHALAM 51: ABDUL KHALEK S/O. LATE MALUM UDDIN 52: ALAL UDDIN S/O. LATE IDDISH ALI 53: KARIM ALI S/O. LATE MAMUD ALI Page No.# 5/14 54: ABDUL MAJID S/O. ABUL HUSSAIN 55: ABDUL SALIM S/O. LATE MAJIBUR RAHMAN 56: AJIJUL HAQUE S/O. CHAHARUDDIN ALI 57: INNOS ALI S/O. HASEN ALI 58: MD TUTA MIA S/O. AMATULLAH 59: ABDUL MALEK S/O. LATE MD S MIYA 60: ABDUL KARIM /O. LATE ABDUL CHAMED 61: ABBASH ALI S/O. SAHED ALI 62: YAHIA MOBARAK S/O. FAJLUL KARIM 63: NIJAMUDDIN ALI S/O. HASEN ALI 64: TAIBUR RAHMAN S/O. LATE ABDUL REJAK 65: RUSTAM ALI S/O. LATE CHIRAJ UDDIN 66: ABDUL BAREK S/O. ABDUL MATIN 67: CHAHED ALI S/O. LATE KAJIM UDDIN 68: MUSTAFA ALI S/O. ABDUL MANNAN Page No.# 6/14 69: KADIR ALI S/O. LATE TAHER ALI 70: JAMENA KHATUN S/O. LATE ABDUL CHUBBAN 71: NUR AMIN S/O. KAMAL UDDIN 72: AMENA KHATUN W/O. ABED ALI 73: JAMENA KHATUN W/O. LATE NCHANDA MINA 74: SAHAR BANU S/O. LATE JAYANAL ABEDIN 75: ALLACH ALI S/O. MANNA CH ALI 76: SHIRAJUL ISLAM S/O. LATER LAKAT ALI 77: KULSUM BIBI W/O. LATE ASHIMUDDIN SEKH 78: MAMATA KHATUN W/O. MAINUL HAQUE 79: ABDUL SALAM S/O. LATE NCHAMD ALI 80: JYOSNARA BEGUM W/O. ABDUL SALAM 81: JYOSNARA BEGUM W/O. LATE ABDUL GUNI 82: MD MAFIJUDDIN ALI S/O. KITAB ALI Page No.# 7/14 83: KITAP ALI S/O. LATE RAHAMAT ALI 84: MADINA BEGUM W/O. LATE JAYANAL ABEDIN 85: JAMINA BEGUM W/O. LATE MARTAJ ALI 86: BABUL ALI S/O. LATE AFICH ALI 87: ABUL KASHEM S/O. LATE SIRAJ UDDIN 88: MAFIDUL HODDA S/O. LATE HEKMAT ALI 89: MRS ANOWARA BEGUM W/O. ISMAIL ALI 90: ARIFUL ISLAM S/O. SAMSUL HOQUE 91: ABDUL MATIN S/O. LATE ICHAMAIL 92:
BIBI HAWA W/O. ICHAHIL BASK.
93: ABDUL MANNACH S/O. LATE ABDUL LATIF 94: SAHARUDDIN ALI S/O. LATE IDDISH ALI 95: ABU BAKKAR SIDDIKH S/O. ABDUL AJIT 96: NUR ISLAM S/O. LATE NASRAT ALI 97: FULECHA BEGUM W/O. ABU KALAM
Page No.# 8/14 98: AMINA KHATUN W/O. ABDUL AJIJ 99: AINUL HAQUE S/O. ABDUL AJIT 100: ABDUL AJIT S/O. LATE ABED ALI 101: MAINUDDIN ALI S/O. ABDUL AJIT 102: MATIBUR RAHMAN S/O. NABI HUSSAIN 103: KAJIMUDDIN ALI S/O. LATE ABDUL CHAMED 104: MUJARUL ISLAM S/O. LATE ABDUL JALIL 105: IBRAHIM ALI S/O. HASEN ALI 106: RAFIK ALI S/O. ABDUL RAHIM 107: SABILA DEKA BEGUM W/O. RAFIK ALI 108: HUSSAIN ALI S/O. LATE ASHIMUDDIN SEKH 109: JAKIR HUSSAIN S/O. JAHED ALI 110: MOJIBUR RAHMAN S/O. LATE NKHECHU CHEK 111: JAYGUN NESSA W/O. JAHED ALI
Page No.# 9/14 112: JAHED ALI S/O. LATE RAHMAT ALI 113: MAKHALAMA KHATUN W/O. ROFIKUL ISLAM 114: ABDUL BAREK S/O. LATE ABDUL HUSSAIN 115: HAFIJA KHATUN W/O. ABBAS ALI 116: KAMRUN NEHAR W/O. ABDUL KASEM 117: MOFIZA KHATUN W/O. ABUL KASEM 118: JAMIR HUSSAIN S/O. RAFIKUL ISLAM 119: SAHED ALI S/O. ABDUL MALEK 120: RAFIKUL ISLAM S/O. ABDUL MALIK 121: MD AKBAR ALI S/O. ABDUL AJIT 122: ABU KALAM S/O. LATE ABUL HUSSAIN 123: ELIYAS RAHMAT ULLAH S/O. ABUL KALAM 124: ABDUL BARI AKAND S/O. LATE ISMAIL AKAND 125: SAHERA KHATUN W/O. NOOR MAHAMMAD 126: MOKBAL HUSSAIN S/O. TUTA MIYA
Page No.# 10/14 127: ANMOL ALI DEKA S/O. RAFIK ALI 128: HABIBUR RAHMAN S/O. ABDUL AJIT 129: NAZIMUDDIN ALI S/O. CHUKUR ALI 130: FAYZUDDIN S/O. HUSSAIN ALI 131: AMIR HAMJA S/O. ABDUL KASHEM 132: ABDUL MABUD S/O. LATE ABDUL MAJID 133: MOSADUL ISLAM S/O. LATE FAKARUDDIN 134: MANNAS ALI S/O. LATE SURUJALI ALI 135: BABUL ISLAM S/O. ABDUL HEKIM 136: AJGAR ALI S/O. AFICH ALI 137: SUFIYA KHATUN W/O. NAJRUL ISLAM 138: ABDUL HANNAN S/O. LATE SAHAR ALI 139: DILUWAR HUSSAIN S/O. LATE ALI HUSSAIN 140: ALOM ALI S/O. JAHER ALI 141: JAMAL ALI S/O. LATE OHED ALI
Page No.# 11/14 142: HAMIDUL ISLAM S/O. ABDUL MOZID 143: ABDUL BARI AKANDA S/O. ISMAIL AKANDAALL ARE RESIDENT OFVILLAGE BORSOLA BAGICHA GAON/ BORSOLA BAGAN/1 NO.
SURJYAPUR MOUZA DHEKIAJULI REVENUE CIRCLE DHEKIAJULI DISTRICT SONITPUR ASSA VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE CHIEF SECRETARY, TO THE GOVERNMENT OF ASSAM, DISPUR, GUWAHATI -781006 2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM REVENUE DEPARTMENT DISPUR GUWAHATI- 781006 3:THE DISTRICT COMMISSIONER SONITPUR TEZPUR P.O. AND P.S. TEZPUR DISTRICT SONITPUR ASSAM.PIN CODE 784001 4:THE CO -DISTRICT COMMISSIONER DHEKIAJULI P.O. AND P.S. DHEKIAJULI DISTRICT SONITPUR ASSAM.PIN CODE 784110 5:THE CIRCLE OFFICER DHEKIAJULI REVENUE CIRCLE DHEKIAJULI DISTRICT- SONITPUR ASSAM PIN CODE- 78411 Advocate for the Petitioner : MR A R BHUYAN, S LASKAR,MD. I HUSSAIN Advocate for the Respondent : GA, ASSAM, SC, REVENUE
Page No.# 12/14
BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER Date : 24.06.2026 Heard Mr. A.R. Bhuyan, learned Senior Counsel assisted by Mr. I. Hussain, learned counsel for the petitioners; Mr. N. Das, learned Junior Government Advocate, Assam for the respondent nos. 1, 3, 4 & 5; and Ms. N. Bordoloi, learned Standing Counsel, Revenue Department for the respondent no. 2. 2. The petitioners, 143 in nos., have approached this Court by the present writ petition stating that they have a common cause to espouse. It is stated that the petitioners have received notices, all dated 09.06.2026, from the respondent no. 5, whereby the petitioners have been informed that a date of hearing has been fixed on 25.06.2026. 3. As per the Notices, similarly worded and all dated 09.06.2026, addressed to the petitioners, a complaint was purportedly received by the respondent no. 5 to the effect that the petitioners are in unauthorized occupation in a Government plot of land under Dag no. 1 at Village – Borsola Bagisa Gaon, Mouza – Dhekiajuli, Dhekiajuli Revenue Circle, District – Sonitpur. By the notices, the petitioners have been asked to submit the requisite documents at his Office within a period of fifteen days from 09.06.2026 and also, to appear in the hearing scheduled at his Office on 25.06.2026. By the notices, the petitioners are also informed that in the hearing, they can submit all the supporting documents in support of their claim as against the complaint regarding unauthorized occupation. The notices also indicate that in the absence of supporting documents, the petitioners should vacate the Government land or else, appropriate actions would be taken as per extant rules and regulations of the Government. 4. The petitioners have stated that some of them are allottees of Government Ceiling Surplus Land under various old dag numbers, and presently new Dag no. 1. The allotments were made in 1970s and they have been residing those plots of land by constructing dwelling houses, etc. and doing cultivations. Some of the petitioners had made applications for
Page No.# 13/14 settlements of the plots of land under their continuous occupation since a long period with all the necessary documents in support of their claim for settlement as per the extant Land Policy. 5. Mr.
Bhuyan, learned Senior Counsel appearing for the petitioners has submitted that though the petitioners have all the requisite documents to support the claim that the petitioners are not in unauthorized occupation of the Government land as alleged in the Notice, the petitioners are presently not in the position to submit all the supporting documents in the hearing scheduled on 25.06.2026 by the respondent no. 6. He has submitted that the petitioner will appear in the hearing scheduled on 25.06.2026 and will make a prayer for granting a period of further two weeks to submit all the supporting documents in support of the claim. He has further submitted that if any complaint submitted before the respondent no. 6 is the basis for issuance of the Notice dated 09.06.2026, then a copy of such complaint is to be furnished to the petitioners so that they can effectively respond to the Notice. 6. Mr. Das and Ms. Bordoloi, learned cousnel appearing for the State respondents have submitted that since the submissions of the learned Senior Counsel appearing for the petitioners seem reasonable, and the petitioners are appearing before the respondent no. 5 in the hearing scheduled on 25.06.2026, the petitioners after appearance can make such prayer for time and a copy of the complaint, if any, received by the respondent no. 5. 7. In view of the above submissions made by the learned counsel for the parties and also, considering the difficulties raised by the petitioners, and the assertion made on behalf of the petitioners that the petitioners have all the supporting documents to refute the claim that they are in unauthorized occupation of Government plot of land under Dag no. 1 at Village – Borsola Bagisa Gaon, Mouza – Dhekiajuli, Dhekiajuli Revenue Circle, District – Sonitpur as alleged in the Notice, this writ petition is disposed of with a direction to the petitioners to appear in the hearing scheduled before the respondent no.
5 on 25.06.2026 and upon appearance, they shall make an application seeking time period of 2 [two] weeks for submission of their replies along with all the supporting documents and to supply them a copy of the complaint, if any. If such an application is made by the petitioners in writing, the
Page No.# 14/14 respondent no. 5 shall afford the time period of 2 [two] weeks to the petitioners to submit their replies with all the supporting documents in connection with the subject-matter of the Notice and also furnish a copy of the complaint, if any, received by him as regards the petitioners’ alleged unauthorized occupation of Government land under Dag no. 1 at Village – Borsola Bagisa Gaon, Mouza – Dhekiajuli, Dhekiajuli Revenue Circle, District – Sonitpur. On 25.06.2026, the respondent no. 6 shall also fix the next date of hearing with due intimation to all the stakeholders. It is further observed that after completing the hearing, the respondent no. 5 shall pass a speaking order after giving due consideration to the replies received from the petitioners and after affording them an opportunity of personal hearing. It is further observed that the copy of the speaking order to be passed after such hearing, is also to be communicated to the petitioners immediately thereafter. 8. With the observations made and the directions given above, the writ petition is
disposed of. JUDGE Comparing Assistant