GAHC010031352026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/871/2026 GITARTHA BHUYAN AND ANR S/O- BAIKUNTHA BHUYAN, VILL- PUB BORAGAON, P.O. AND P.S.-

GARCHUK, DIST- KAMRUP METRO, ASSAM, PIN-781035.

2: ABU BAKKAR SIDDIQUE MOLLAH S/O- JOYEN UDDIN MOLLAH VILL- KATAHBARI P.O P.S.- GARCHUK DIST- KAMRUP METRO ASSAM PIN-781035 VERSUS THE STATE OF ASSAM AND 5 ORS TO BE REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM, JANATA BHAWAN ASSAM SECRETARIAT COMPLEX, DISPUR, GUWAHATI-781006.

2:COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM REVENUE DISASTER MANAGEMENT DEPARTMENT JANATA BHAWAN ASSAM SECRETARIAT COMPLEX DISPUR GUWAHATI-781006.

3:DISTRICT COMMISSIONER KAMRUP METRO ASSAM.

4:COMMISSIONER OF POLICE COMMISSIONARATE OF POLICE KHANAPARA GUWAHATI ASSAM

5:CIRCLE OFFICER GUWAHATI REVENUE CIRCLE GUWAHATI ASSAM

6:OFFICER-IN-CHARGE GARCHUK POLICE STATION GUWAHATI ASSAM B E F O R E HON’BLE MR. JUSTICE DEVASHIS BARUAH Advocates for the petitioner(s) : Mr. AR Bhuyan Advocates for the respondent(s) : Mr. BJ Talukdar Senior Advocate Mr. PK Medhi for the State respondents Ms. N Bordoloi for Revenue Deptt.

Date on which Judgment is reserved: NA Date of Pronouncement of Judgment : 16.02.2026 Whether the Pronouncement is of the : NA Operative Part of the Judgment Whether the Full Judgment has been : Yes Pronounced JUDGMENT & ORDER(ORAL)

Heard Mr. A. R. Bhuyan, the learned counsel appearing on behalf of the petitioners and Mr. BJ Talukdar, the learned Senior Counsel assisted by Mr. PK Medhi, the learned Government Advocate appearing on behalf of the Respondent Nos. 1, 3, 4, 5 and 6. I have also heard Ms. N Bordoloi, the learned Standing Counsel, Revenue and Disaster Management Department, who appears on behalf of the respondent No.2.

2. Both the writ petitioners have joined together to file the instant writ petition complaining about the impugned notice dated 04.02.2026 issued by the respondent No.5 which has been enclosed to the writ petition as Anenxure-10.

3. The petitioner No.1 is serving as the Principal and the petitioner No.2 is serving as the President of W.G. High School, Upper Primary Section, Boragaon Branch respectively and the said school is situated at Paschim Boragaon in the District of Kamrup (M) under Dag No.1699/1702.

4. The petitioners purchased the land in question and constructed the School above-named over the said Dag No. 1699/1702 through land sale agreement entered into with original pattadars and the same has been under control and care of the petitioners for several years. It is, therefore, the case of the petitioners that it is not a case that the petitioners are encroachers, but they are in settled possession upon permissions being granted by the original pattadars vide Sale Deed which is enclosed as Annexure-1 to the writ petition. At this stage, it is pertinent to observe that a perusal of Annexure-1 reveals that the Sale Deed is an unregistered document.

5. Mr. AR Bhuyan, the learned counsel for the petitioners submitted that the respondent No.5 by way of notice dated 04.02.2026 which is enclosed as Annexure-10 to the writ petition had directed the School of the Petitioners to vacate the land within 15 days without carrying out any adjudication as regards the rights of the School of the Petitioners qua the land under its possession. The learned counsel further submitted that on one hand, the School of the Petitioners has been asked to vacate within 15 days and on the other hand, the Principal of the School in question has been also asked to appear for hearing on th the 14 day of the notice i.e. on 18.02.2026 which means that even if any representation is submitted, it would not be a meaningful exercise. He, therefore, submitted that this is a fit case where the impugned notice is required to be set aside and quashed.

6. Per contra, Ms. N Bordoloi, the learned Standing counsel appearing on behalf of the Revenue Department submitted that the land in questio