GAHC010001682026

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THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/93/2026 JUMAR ALI AND 27 ORS.

S/O ABDUL GONI

2: RAJBHANU BIBI

D/O AJAM ALI

W/O GIYAS UDDIN

3: ASAD ALI

S/O MUJAHAR ALI

4: KOKMAR ALI

S/O LATE MASAR ALI

5: AHAMMAD ALI

S/O ABDUL KARIM

6: ABDUL GONI MONDAL @ GONI MONDAL

S/O LATE KEFAT ALI

7: ALI HUSSAIN

S/O MAGADH ALI

8: ABU BAKKAR SIDDIQUE

S/O ABDUL KARIM

9: NUR ISLAM SARKAR

S/O CHEBAT SARKAR

10: NURUL ISLAM @ NUR ISLAM

S/O JANIK ULLAH

11: SAMSUL HOQUE

S/O MENAJ ALI

12: TAMSI BIBI W/O RAMJAN ALI

13: SABAR ALI S/O SONAULLAH

14: SULTAN ALI S/O SUKUR ALI

15: REJINA BEGUM W/O SONAULLAH SHEIKH

16: SEKENDAR ALI S/O ALIMUDDIN ALI

17: DELDAR ALI @ DELBAR ALI @ DELDAR ALI SARKAR S/O CHEPAT SARKAR

18: ABUL KALAM S/O JANIK ULLAH MUNSHI

19: NAIBUDDIN S/O KACHAM ALI

20: SAHIT ALI S/O ISMAIL HUSSAIN 21: AJIBAR RAHMAN S/O ANSER ALI

22: FAJAR ALI S/O TABJAL HOSEN

23: KERAMAT ALI S/O ABDUL RASHIK

24: OSMAN ALI S/O SAYED ALI

25: ABDUL BAREK S/O JANIK ULLAH MUNSHI

26: MD. ALI AKBOR MONDAL S/O AJOR ALI MONDAL

27: ABDUL OHAB S/O JANIK ULLAH

28: ABUL KASHEM S/O JANIK ULLAH MUNSHI ALL ARE RESIDENTS OF VILL- CHARUA BAKHRA JUNGLE BLOCK P.O. CHAPOR DIST. DHUBRI ASSA VERSUS THE STATE OF ASSAM AND 3 ORS.

REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.

OF ASSAM, REVENUE AND DISASTER MANAGEMENT, DISPUR, GUWAHATI-06.

2:THE DISTRICT COMMISSIONER AND COLLECTGOR OF DHUBRI AT DHUBRI P.O. (HEAD OFFICE)

PIN-783301

3:CO-DISTRICT COMMISSIONER BILASIPARA P.O. AND P.S. BILASIPARA DIST. DHUBRI ASSAM PIN-783348.

4:CIRCLE OFFICER CHAPAR REVENUE CIRCLE P.O.AND P.S. CHAPAR DIST. DHUBRI ASSAM PIN-783377 Advocate for the Petitioner : MR. M A SHEIKH, MS F INTAZ Advocate for the Respondent : GA, ASSAM, SC, REVENUE BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

ORDER

06.01.2026 Heard Mr. MA Sheikh, learned counsel for the petitioners. Also heard Mr. R Borpujari, learned Standing Counsel, Revenue and Disaster management Department for the respondent no.1 and Mr. D Natah, learned Senior Government Advocate, Assam for the respondents no. 2, 3 & 4.

2. The petitioners 28 in numbers claim to be residents of the area, the particulars of which are specified in Schedule- A to schedule A-2, which are enclosed to the writ petition. The grievance of the petitioners are that by way of eviction notice dated 03.01.2026 issued by the respondent no.3 individually to the petitioners, the respondent authorities have sought to undertake a process for eviction of the petitioners, as this land stated to be under the occupation of the writ petitioners is said to be requisitioned land.

3. The learned counsel for the petitioners submits that this notice dated 03.01.2026 was served on the petitioners giving three days time to reply and as such, in view of the short period for replying to the notice, the petitioners have expressed strong apprehension that the eviction process will be carried out today. The learned counsel for the petitioners has also referred to the order dated 17.11.2025 passed in WP(C) No. 6454 of 2025, which was filed by some of the petitioners and the co-ordinate Bench of this Court, while disposing of the said writ petition directed as under:

“……

8. As the respondent no.2, who has issued the notice and orders, impugned herein, has an obligation to dispose of the representations submitted by the petitioners-noticees after due consideration, this Court taking into consideration the submissions made by the learned counsel for the parties, is of the considered view that if the representations submitted by the petitioners notices have not yet been disposed of by the respondent no.2, then the respondent no.2 shall take those representations on board, which are annexed as Annexure- A1 to Annexure-A33 of the writ petition, for consideration and after giving due consideration, shall dispose of the same by taking into account the grounds raised in the written objection, by way of separate speaking orders. The respondent no.2 shall pass the speaking order