GAHC010003062026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/432/2026 SHRI BABBAN CHAUHAN SON OF LATE TUPHAN CHAUHAN RESIDENT OF VILLAGE KHERONI MAJGAON P.O. P.S. KHERONI, DISTRICT WEST KARBI. 782448

2: SHRI SANJAY KUMAR CHAUHAN SON OF LATE TUPHAN CHAUHAN RESIDENT OF VILLAGE KHERONI MAJGAON P.O. P.S. KHERONI DISTRICT WEST KARBI.782448

3: SHRI BALADEO MALA S/O LATE RAGHUBIR MALA RESIDENT OF VILLAGE KHERONI MAJGAON P.O. AND P.S. KHERONI DISTRICT WEST KARBI.782448

4: SHRI BINAY KUMAR CHAUHAN SON OF LATE TUPHAN CHAUHAN RESIDENT OF VILLAGE KHERONI MAJGAON P.O. P.S. KHERONI DISTRICT WEST KARBI.782448

5: SHRI CHUBANARAJAN CHAUHAN S/O LATE RAMDHARI CHAUHAN RESIDENT OF VILLAGE KHERONI MAJGAON P.O. P.S. KHERONI DISTRICT WEST KARBI.78244 VERSUS THE STATE OF ASSAM REPRESENTED BY THE SECRETARY, LAND REVENUE AND DISASTER MANAGEMENT DEPARTMENT, DISPUR ASSAM PIN-781006.

2:THE KARBI ANGLONG AUTONOMOUS COUNCIL THROUGH THE PRINCIPAL SECRETARY DIPHU 782460

3:THE SECRETARY HILL AREA DEVELOPMENT DEPARTMENT GOVT. OF ASSAM DISPUR 781006

4:THE SECRETARY LAND AND REVENUE DEPARTMENT KARBI ANGLONG AUTONOMOUS COUNCIL DIPHU 782460

5:THE DISTRICT COMMISSIONER WEST KARBI ANGLONG HAMREN

782486

6:THE SUPERINTENDENT OF POLICE WEST KARBI ANGLONG HAMREN

782486

7:THE ASSISTANT REVENUE OFFICER DONKA REVENUE CIRCLE DONKAMOKAM WEST KARBI ANGLONG

782485

8:THE OFFICER IN CHARGE KHERONI POLICE STATION KARBI ANGLONG

78244 Advocate for the Petitioner : MR. D DOLEY, MR. R P SARMAH Advocate for the Respondent : GA, ASSAM, SC, REVENUE,SC, K A A C BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

ORDER

02.02 .2026 Heard Mr. R.P. Sarmah, learned Senior Counsel assisted by Ms. A. Deka, learned counsel for the petitioners. Also heard Mr. J. Chetia, learned Standing Counsel KAAC for the respondents Nos. 2, 4 and 7; Mr. N. Das, learned Government Advocate for the respondents Nos. 3, 5, 6 and 8; Ms. P.R. Mahanta, learned Standing Counsel, Revenue Department for the respondent No. 1.

2. The petitioners 5 in numbers claim to be residents of Hawaipur Mouza under Donka Revenue Circle, West Karbi Anglong District, Assam. The learned counsel for the petitioners submits that all these petitioners hailing from Bihar whose forefathers migrated to the present location in search of different avocation, particularly agriculture, horticulture, livestock development and settled permanently on the plots of land by clearing the jungles and making the land suitable for human habitation and cultivation, while the petitioners have been paying revenue on the lands which they claim to be under their occupation, the petitioners were surprised to be informed from the revenue authorities that they are likely to be evicted in view of notice which was issued as far back as July, 2024. Copy of the said notice is enclosed as Annexure D on the writ petition.

3. The learned counsel for the petitioners submits that the petitioners were not aware of this notice and it is only after the recent ethnic violences which have erupted in the West Karbi Anlong District they came to aware of existence of the said notice. The learned counsel for the petitioners submits that no specific or individual notices have been issued and the petitioners have been verbally informed that they will be evicted from these lands in terms of the eviction notice dated 11.07.2024. The learned counsel for the petitioners further claimed that they are not residing in PGR/VGR land. Being aggrieved the petitioners are before this Court.

4. Mr. J. Chutia, learned Standing Council, KAAC strongly objects to the submissions made by the learned counsel for the petitioners. It is submitted that these petitioners have claimed to be occupants of the said lands for the last several decades but there is no specific description of the land under their occupation which has been mentioned in the writ petition. Although references have been made in respect of payment of land revenues and forest use, the specific p