GAHC010271722025 2026:GAU-AS:2891 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : CRP/179/2025 ALFAR UDDIN AND 4 ORS.

SON OF LATE ABDUL WAHID @ ABDUL WAJID, R/O VILL- PABIJURI, P.O.- BURUNGATALI BAZAR, P.S.-MURAJHAR, DIST- HOJAI, ASSAM, PIN-782445

2: NAZIM UDDIN SON OF LATE ABDUL WAHID @ ABDUL WAJID R/O VILL- PABIJURI P.O.- BURUNGATALI BAZAR P.S.-MURAJHAR DIST- HOJAI ASSAM PIN-782445

3: RIYAZ UDDIN SON OF LATE ABDUL WAHID @ ABDUL WAJID R/O VILL- PABIJURI P.O.- BURUNGATALI BAZAR P.S.-MURAJHAR DIST- HOJAI ASSAM PIN-782445

4: REHAN UDDIN SON OF LATE ABDUL WAHID @ ABDUL WAJID R/O VILL- PABIJURI P.O.- BURUNGATALI BAZAR P.S.-MURAJHAR DIST- HOJAI ASSAM PIN-782445

5: MUSSTT. SITARUN NESSA WIFE OF LATE ABDUL WAHID @ ABDUL WAJID R/O VILL- PABIJURI P.O.- BURUNGATALI BAZAR P.S.-MURAJHAR DIST- HOJAI ASSAM PIN-78244 VERSUS KABIR UDDIN TALUKDAR @ KABIR UDDIN AND 2 ORS.

SON OF LATE ABDUS SUBHAN, R/O VILL- PABIJURI, P.O.- BURUNGATALI BAZAR, P.S.-MURAJHAR, DIST- HOJAI, ASSAM, PIN-782445

2:HASIB UDDIN S/O LATE ABDUL SATTAR R/O VILL- PABIJURI P.O.- BURUNGATALI BAZAR P.S.-MURAJHAR DIST- HOJAI ASSAM PIN-782445

3:SALMAN UDDIN S/O LATE ABDUL RAB R/O VILL- PABIJURI P.O.- BURUNGATALI BAZAR P.S.-MURAJHAR DIST- HOJAI ASSAM PIN-78244 Advocate for the Petitioner : MR B PAUL, Advocate for the Respondent : MR. M I HUSSAIN, N. UDDIN BEFORE HON'BLE MR. JUSTICE ROBIN PHUKAN

ORDER

25.02.2026 Heard Mr. D.P. Borah, learned counsel for the petitioners and also heard Mr. M.I.

Hussain, learned counsel for the respondents.

2. In this petition, under Article 227 of the Constitution of India, the petitioners have challenged the order dated 30.10.2025, passed by the learned Additional District & Sessions Judge (FTC), Hojai at Sankardev Nagar, in Case No.Special (Land Grabbing) 05(H) of 2024. It is to be noted here that vide impugned order dated 30.10.2025, the learned Tribunal has dismissed the case of the petitioners.

3. Mr. Borah, learned counsel for the petitioners submits that the petitioners have lodged a complaint under Section 8 of the Assam Land Grabbing (Prohibition) Act, 2010 before the Court of learned Additional District & Sessions Judge (FTC), Hojai and on receipt of the application under Section 8, the learned Tribunal has called for a report from the Circle Officer, Doboka, with reference to the revenue record and facts on the following grounds:-

(I) The correctness of the statements made in the application.

(ii) The fact relating to the ownership, actual possession and use of the land concerned.

(iii) Such other particulars and information as may be useful for this Tribunal to arrive at the correct decision.

And thereafter, fixed the matter on 22.10.2024. Accordingly, the Circle Officer, Doboka Revenue Circle has submitted his report on 21.10.2024. Thereafter, the Tribunal vide order dated 28.10.2024 has called for a report from the Officer-in-Charge, Murajhar Police Station and fixed the matter on 25.11.2024 and accordingly, the report has been received from the Officer-in-Charge, Murajhar P.S., Hojai, on 28.11.2024 and thereafter, fixed the case on 06.12.2024 for hearing. Thereafter, the respondents herein entered appearance and filed written statement on 05.04.2025. Then, the learned Tribunal has fixed the matter on 24.09.2025 and thereafter, on 30.10.2025 and on that day, after hearing both the parties, the learned Tribunal has dismissed the case of the petitioners only on the ground that the petition has been filed only for 4 katha and 10 lecha land in Kapahbari Mouza, which is a village land and the quantum of land is very less and thereafter, the learned Tribunal has observed that this dispute is not connected to organized attempts of land grabbing which is dealt by Assam Land Grabbing Act, 2010 and thereafter, discussing the preamble of the Act and also considering the observation made by a Division Bench of this Court in Re: XXX v State of Assam, reported in (2018) 2 GLR 313, where it has been specifically laid do