Page No.# 1/9 GAHC010203402024 2026:GAU-AS:9218 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5044/2024 RUPA DAS AND 3 ORS DAUGHTER LATE PARSURAM DAS, WIFE OF LATE SURAJ DAS, RESIDENT OF MUCHI KABARTHAN,DR. B. BARUAH ROAD, LALMATI P.O ULUBARI, P.S- PALTANBAZAR, DIST- KAMRUP (M), ASSAM. 2: SEEMA DAS DAUGHTER OF BARKHA DAS RESIDENT OF MUCHI KABARTHAN DR. B. BARUAH ROAD LALMATI P.O ULUBARI P.S- PALTANBAZAR DIST- KAMRUP (M) ASSAM. 3: BALI RAM DAS SON OF LATE SYAM LAL DAS RESIDENT OF MUCHI KABARTHAN DR. B. BARUAH ROAD LALMATI P.O ULUBARI P.S- PALTANBAZAR DIST- KAMRUP (M) ASSAM 4: SRI DEBENDRA SAHANI SON OF LATE NAGINA SAHANI Page No.# 2/9 RESIDENT OF MUCHI KABARTHAN DR. B. BARUAH ROAD LALMATI P.O ULUBARI P.S- PALTANBAZAR DIST- KAMRUP (M) ASSA VERSUS THE STATE OF ASSAM AND 8 ORS REPRESENTED BY ITS COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM MANAGEMENT REVENUE AND DISASTER, DEPARTMENT, JANATA BHAWAN, DISPUR, 2:DEPUTY COMMISSIONER KAMRUP GUWAHATI- 781006. 3:CIRCLE CIRCLE GUWAHATI REVENUE CIRCLE ULUBARI GHY 07 4:BRIHATTAR GUWAHATI RABI DAS MUCHI SAMPRADAI UNNAYAN SANGHA REPRESENTED BY ITS GENERAL SECRETARY SRI AJAY KUMAR SON OF SRI LAKHINDER RAM RESIDENT OF A.K.DEV ROAD DATALPARA DIST- KAMRUP (M) PIN-781025 5:SRI AJAY KUMAR SON OF SRI LAKHINDER RAM RESIDENT OF A.K.DEV ROAD DATALPARA DIST- KAMRUP (M) PIN-781025 6:SRI PRAKASH CHANDRA RABI DAS @ PRAKASH DAS SON OF BAIDYANATH RABI DAS RESIDENT OF LALMATI ULUBARI GUWAHATI DIST- KAMRUP Page No.# 3/9 ASSAM.PIN- 781007. (M) 7:SRI ANIL RABI DAS SON OF LATE BUDHAN RABI DAS RESIDENT OF LALMATI ULUBARI GUWAHATI DIST- ASSAM.PIN- 781007. KAMRUP (M) 8:SRI TINKU DAS SON OF LATE BRIJ LAL DAS RESIDENT OF DR. B. BARUAH ROAD LALMATI P.O ULUBARI P.S- PALTANBAZAR DIST- KAMRUP (M) ASSAM. 9:MD. ASRAFUL ALAM SON OF JAINAL ABEDIN RESIDENT OF HOUSE NO. 49 DR. B BARUAH ROAD P.O- LACHITNAGAR P.S- PALTANBAZAR DIST- KAMRUP (M) ASSA For the Petitioner(s) : Mr. B. Haldar, Advocate For the Respondent(s) : Mr. K. N. Choudhury, Sr. Advocate Mr. R. J. Das, Advocate Mr. P. R. Mahanta, Sc, Revenue Mr. B. J. Talukdar, Sr. Advocate Mr. P. K. Medhi, Advocate Page No.# 4/9 BEFORE HON’BLE MR. JUSTICE DEVASHIS BARUAH O R D E R 23.06.2026 Heard Mr. B. Haldar, the learned counsel appearing on behalf of the Petitioners. Ms. P. R. Mahanta, the learned counsel appears on behalf of the Respondent No.1; Mr. B. J. Talukdar, the learned Senior Advocate appears on behalf of the Respondent Nos.2 & 3 and Mr. K. N. Choudhury, the learned Senior Counsel assisted by Mr. R. J. Das, the learned counsel appears on behalf of the Respondent Nos.4 to 7. 2. The Petitioners herein have approached this Court challenging the eviction notices which were issued on 12.09.2024 thereby asking the Petitioners to vacate the land in terms with Rule 18(3) of the Settlement Rules as framed under the Assam Land and Revenue Regulation, 1886. 3. It is relevant to observe that the learned Coordinate Bench of this Court vide the order dated 10.06.2024 passed directions upon the Deputy Commissioner, Kamrup (Metro) to carry out field verification and, if necessary, steps be taken under the Assam Land and Revenue Regulation, 1886 and other ancillary provisions of law to ensure that the lands which were allotted by Page No.# 5/9 the Government for the purpose of “Muchi Koborsthan” are used for the same and all required steps be taken to ensure that the purpose of the use of the land is not restricted by undue and unauthorized occupants. Paragraph No.9 of the said order dated 10.06.2024 being relevant, is reproduced herein under:- “9. Considering the prayers made in the writ petition and the averments made in the affidavit-in-opposition, this Court is of the view that since there is already a representation dated 12.01.2023 before the Deputy Commissioner, Kamrup(M), the same may be disposed of and if any unauthorized occupants are found by the Deputy Commissioner, Kamrup(M) after making the field verification, then necessary steps be taken under the provisions of the Assam Land and Revenue Regulation Act, 1886 and other ancillary provisions of law to ensure that the lands which are allotted by the Government for the purpose of “Muchi Kabarstan” are used for the same and all required steps be taken to ensure that the purpose of the use of the said land is not restricted by undue and unauthorized occupants. The Deputy Commissioner, Kamrup(M) will conduct the necessary verification and pass appropriate orders and take necessary steps under the provisions of law and for which purpose, if required, personal hearings may be granted to the persons found to be in possession of the land. The effective steps be taken by the Deputy Commissioner, Kamrup(M) within a period of 60 (sixty) days from the date of a receipt of a certified copy of this order.” 4. The records further reveal that in pursuance to the said Page No.# 6/9 order dated 10.06.2024, notices were issued to the Petitioners on 07.08.2024. It is the case of the Petitioners that thereupon eviction notices were issued on 12.09.2024, which has been assailed in the present proceedings. 5. This Court vide an order dated 27.09.2024, issued notice and further directed that till 04.10.2024, no further coercive action should be taken against the Petitioners on the basis of the eviction notices which were issued on 12.09.2024. Upon notices being issued, the Respondent Nos.4 to 7 have appeared before this Court and have filed an affidavit-in-opposition. From the affidavit-in-opposition, it is apparent that pursuant to the notices which were issued to the Petitioners on 07.08.2024, the Petitioners were granted an opportunity of hearing, and thereupon, an order was passed on 08.09.2024 whereby the claim of the Petitioners was rejected and it is on the basis thereof that eviction notices were issued on 12.09.2024. It is, however, taken note of that the Petitioners have not challenged the order dated 08.09.2024 passed by the District Commissioner, Kamrup Metropolitan District. 6. It is the submission of the learned counsel appearing on behalf of the Petitioners that the Petitioners had no knowledge about the order dated 08.09.2024 and it is only after the affidavit was filed by the Respondent Nos.4 to 7, the said order came to Page No.# 7/9 light. 7. This Court has also taken note of that the order which was passed by the District Commissioner, Kamrup (Metro) dated 08.09.2024 is an order which is appealable under Section 147(a) of the Assam Land and Revenue Regulation, 1886. This Court also takes note of the aspect as to whether the Petitioners have rights over the land in question are questions of facts which can be very well adjudicated by the learned Assam Board of Revenue on the basis of materials if placed before the learned Assam Board of Revenue. 8. In addition to that, this Court has also taken note of Section 148 of the Assam Land and Revenue Regulation, 1886 permits that an Appeal can be filed within a period of 90 days from the date of the order dated 08.09.2024. 9. It is the opinion of this Court that as the Petitioners claim that they have come to learn about the order dated 08.09.2024 only upon the affidavit which has been filed by the Respondent Nos. 4 to 7 before this Court and further this Court is not inclined to entertain the instant writ petition on the ground that the Petitioners have an alternative and efficacious remedy available, appropriate directions are required to be passed for the purpose of consideration of the Appeal, if filed by the Petitioners within Page No.# 8/9 the specified time without insisting on the question of limitation. 10. Accordingly, the instant writ petition stands disposed of with the following observations and directions: (i) This Court is not inclined to entertain the instant dispute taking into account that there is no challenge to the order dated 08.09.2024 passed by the District Commissioner, Kamrup (Metro). (ii) Liberty is granted to the Petitioners to file an Appeal against the order dated 08.09.2024 passed by the District Commissioner, Kamrup (Metro) before the learned Assam Board of Revenue. (iii) It is observed that if the Appeal is preferred without defects within a period of 30 days from the date of the present order, the said Appeal be taken up by the learned Assam Board of Revenue without insisting on the question of limitation. (iv) This Court also takes note of that if certain interim protection is not granted to the Petitioners till the period within which the Petitioners have been granted the liberty to prefer an Appeal, the Petitioners would be evicted and thereby the filing of the very Appeal would become Page No.# 9/9 infructuous. (v) Considering the above, this Court, therefore, directs that if the Petitioners prefer a non-defective Appeal within 30 days from the date of the present order, the interim order so passed in the instant proceedings shall continue till the consideration of the stay application by the learned Assam Board of Revenue. JUDGE Comparing Assistant