GAHC010078222025

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THE GAUHATI HIGH COURT

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

Case No. : PIL/35/2025

MD HUMAYUN KABIR

S/O HABIBUR RAHMAN, R/O RUPAHI BHAKAT GAON, P.O. AND P.S.

RUPAHI, DIST. NAGAON, ASSAM, PIN 782125

VERSUS

THE STATE OF ASSAM AND 4 ORS

REPRESENTED BY THE COMMISSIONER AND SECY. TO THE GOVT. OF

ASSAM, REVENUE DEPTT., DISPUR, GUWAHATI 781006

2:THE JOINT SECY. TO THE GOVT. OF ASSAM

REVENUE AND DM (SURVEY AND SETTLEMENT) DEPTT.

DISPUR

GUWAHATI 781006

3:THE DIST. COMMISSIONER

NAGAON

ASSAM

PIN 782001

4:THE ADDITIONAL DIST. COMMISSIONER

REVENUE DEPTT.

NAGAON

ASSAM

PIN 782001

5:THE CIRCLE OFFICER

SAMOGURI REVENUE CIRCLE

NAGAON ASSAM PI Advocate for the Petitioner : MR A KHANIKAR, R L CHUTIA,MR. P KONWAR Advocate for the Respondent : SC, REVENUE, GA, ASSAM BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR

ORDER

02.12.2025 (M. Zothankhuma, J)

Heard Mr. A. Khanikar, learned counsel for the petitioner. Also heard Ms. N.

Bordoloi, learned Counsel for the respondent Nos.1 & 2 and Mr. P. Saikia, learned counsel for the respondent Nos.3, 4 & 5.

2. The petitioner has filed this Public Interest Litigation to protect public land from large scale illegal encroachment. According to the petitioner, 76 families have illegally occupied 18 Bighas of government grazing reserve land out of 38 Bighas, by constructing houses, shops and ponds. The petitioner’s case is that the acts committed by these encroachers have been confirmed by official reports submitted by Lot Mondals and the Circle Officer, Samaguri Revenue Circle. The inaction of the authorities despite repeated representations and official reports, is alleged to be arbitrary, unfair and violative of Article 14 and 21 of the Constitution of India.

3. The petitioner’s counsel submits that though the petitioner had submitted a writ petition, i.e., WP(C) No.241/2025 earlier, the same had been withdrawn, with liberty to file a PIL on the same subject matter. Hence, this PIL seeks a writ of mandamus, directing the authorities to evict the encroachers based on the Circle Officer’s report and to restore the land for public interest.

4. The additional affidavit filed by the Additional District Commissioner, Revenue Department, Nagaon on 22.09.2025, is to the effect that as per the report of the Circle Officer, Samaguri Revenue Circle vide letters, dated 08.09.2023 and 22.03.2024, regarding encroachment of government land at village Rupahi Bhakat Gaon under Khatual Mouza, process has been initiated for removal of the encroachers. Accordingly, the Circle Officer, Samaguri has submitted eviction plan and estimate vide letter dated 02.09.2025 with an estimated value of Rs.2,34,500/-. The said eviction plan and estimate had been submitted to the Addl. Chief Secretary to the Govt. of Assam, Revenue & DM Department vide letter dated 15.09.2025, seeking approval for grant of budget against the estimated amount, for taking steps to evict the encroachers.

5. Subsequent to the letter dated 15.09.2025 seeking budget estimate of Rs.2,34,500/- to carry out eviction of the encroachers, the State Government has communicated vide letter dated 02.11.2025, a budget allocation of Rs.135.95869 lakhs for the financial year 2025-26, for conducting eviction drive under the Nagaon District, including the area covered in the present PIL.

6. The letter dated 02.11.2025, issued by the Addl. Director of Land Records, Assam communicating the budget allocation of Rs.135.95869 lakhs for the financial year 2025-26, for conducting the eviction drive states as follows:-

“No.DLR-11015(11)/39/2024-ACC/352 Date 02-11-2025 To: The District Commissioner, Nagaon.

Sub: Regarding Budget Allocation for conducting eviction drive under Nagaon District.

Ref: Your proposal Nos. (1) Rev-11/66/2023-REV-

NGN/687 Dtd.21/03/2025, (2) NRFT.01/2023/86 Dtd.11-07-2025, (3) NRFT.01/2023/85 Dtd.11-07-2025, (4) Rev.11/16/2025-REV-NGN Dtd.31-07-2025, (5) Rev-11/16/2025-REV- NGN Dtd. 30-07-2025, (6) Rev-11/26