GAHC010050272026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/1455/2026 NURJAHAN BEGUM W/O MALIKUDDIN AHMED, D/O LATE SOMIRUDDIN AHMED, R/O VILL.

PACHANIAPARA, BONGORA, P.O. BONGRA, P.S. AZARA, DIST. KAMRUP M, ASSAM. VERSUS THE STATE OF ASSAM AND 5 ORS REPRESENTED BY THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM, REVENUE AND SETTLEMENT DEPTT., DISPUR, GHY 06

2:THE COLLECTOR / THE DIST. COMMISSIONER REVENUE AND SETTLEMENT BRANCH KAMRUP M DIST. KAMRUP M ASSAM GHY 37.

3:THE CO DIST. COMMISSIONER JALUKBARI CO DIST.

JALUKBARI GUWAHATI SUB DIVISIONAL OFFICER DIST. KAMRUP M ASSAM

4:THE COMMISSIONER OF POLICE

ASSAM

5:THE CIRCLE OFFICER AZARA REVENUE CIRCLE AZARA P.O. AZARA ASSAM GUWAHATI 17

6:THE OFFICER IN CHARGE OF AZARA POLICE STATION AZARA DIST. KAMRUP M ASSAM GUWAHATI 1 Advocate for the Petitioner : MR S HOQUE, MR. M K HASAN Advocate for the Respondent : GA, ASSAM, SC. REVENUE BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

ORDER

11.03.2026 Heard Shri S. Hoque, learned counsel for the petitioner, who has put to challenge an eviction notice dated 27.02.2026 issued by the respondent no. 5 -

Circle Officer, Azara Revenue Circle.

The basic contention of the petitioner is that she had purchased the land in question by a registered Sale Deed dated December, 2007 which has been enclosed. He has also submitted that subsequent to such purchase, the name of the petitioner has been recorded in the Jamabandi.

Shri R. Borpujari, learned Standing Counsel, Revenue Department has submitted that prima facie the land in question is a part of the Tribal Belt and Blocks and protected under Chapter X of the Assam Land and Revenue Regulation, 1886. He has also submitted that both the vendor and vendee of the Sale Deed are not tribal people and therefore such Deed of Sale appears to have been executed without considering the relevant factors. Let appropriate instructions be obtained in this regard.

Let notice be issued, returnable on 30.03.2026 Shri Borpujari, the learned Standing Counsel, Revenue Department accepts notice on behalf of respondent no. 1 whereas Shri N. Goswami, learned State Counsel accepts notice on behalf of respondent nos. 2 to 6.

Extra copies of the writ petition be served upon them by tomorrow.

Shri Hoque, learned counsel for the petitioner prays for an interim order which has been resisted by the learned counsel for the respondents.

However, taking into consideration, the registered Sale Deed of the year

2007, it is provided that till the returnable date, no coercive action for eviction of the petitioner be taken. It is made clear that this interim order pertains only to the petitioner as the impugned order also includes other persons.

JUDGE

Comparing Assistant