##PAGE1##

Page No.# 1/5

GAHC010066902026

2026:GAU-AS:5018

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

Case No. : WP(C)/1986/2026

FALANI KHATUN AND 2 ORS.

W/O LATE BAREK ALI @ ABDUL BAREK, RESIDENT OF VILL-

KHUTAMARI, (KA), P.O.AND P.S. GOALPARA, DIST. GOALPARA, ASSAM, PIN-783101

2: AYESHA KHATUN W/O LATE BAHAR ALI RESIDENT OF VILL- KHUTAMARI

(KA)

P.O.AND P.S. GOALPARA DIST. GOALPARA ASSAM

PIN-783101

3: AKACHED ALI SHEIKH S/O LATE RUSTOM ALI RESIDENT OF VILL- KHUTAMARI

(KA)

P.O.AND P.S. GOALPARA DIST. GOALPARA

ASSAM PIN-78310

VERSUS

THE STATE OF ASSAM AND 7 ORS.

TO BE REP. BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM, REVENUE AND DISASTER MANAGEMENT DEPARTMENT, DISPUR,

GUWAHATI-781006.

2:THE DISTRICT COMMISSIONER GOALPARA

P.O. AND P.S. GOALPARA

##PAGE2##

Page No.# 2/5

DIST. GOALPARA ASSAM PIN-788101.

3:THE CIRCLE OFFICER

BALIJANA REVENUE CIRCLE P.O. AND DIST. GOALPARA ASSAM

PIN-783101.

4:THE LAT MONDAL C/O CIRCLE OFFICER

BALIJANA REVENUE CIRCLE P.O.

P.S. AND DIST. GOALPARA ASSAM PIN-783101.

5:SADALI SARKAR (GAONBURAH)

S/O GIDALI SARKAR

RESIDENT OF VILL- KHUTAMARI (KA)

P.O.AND P.S. GOALPARA DIST. GOALPARA ASSAM

PIN-783101

6:SMTI. KHEMONI SANGMA D/O LT. RAJIT SANGMA W/O LEDISON SANGMA

R/O VILL- KOMRI P.S. AND DIST. GOALPARA ASSAM

PIN-783101.

7:SAHJAHAN KHANDAKAR S/O WAJED ALI KHANDAKAR R/O VILL- KHUTAMARI (KA)

P.O.

P.S. AND DIST. GOALPARA ASSAM PIN-783101.

##PAGE3##

Page No.# 3/5

8:RASHID MULLAH S/OLT. ASOR UDDIN MULLAH

RESIDENT OF VILL- KHUTAMARI (KA)

P.O.AND P.S. GOALPARA DIST. GOALPARA ASSAM

PIN-78310

Advocate for the Petitioner : MD. S Z B AKLAS, MR. A M S MAZUMDER

Advocate for the Respondent : GA, ASSAM, SC, REVENUE

BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA

ORDER

06.04.2026

1. Heard Mr. A.M.S Mazumder, learned counsel appearing for the petitioners. Also heard Mr. N. Das, learned Government Advocate for the respondent nos.2, 3 and 4 and Ms. G. Hazarika, learned

counsel for respondent no.1.

2. The case of the petitioner is that the respondent nos. 4 and 5 evicted the petitioners from a portion of land measuring 3 Kathas out of the land measuring 1 Bigha 15 Lecha covered by Dag No.497, Patta No.169 situated at Village – Khutamari (KA), P.O and P.S – Agia, Revenue Circle - Balijana, Mouza- Balijana, District – Goalpara, Assam, by destroying their dwelling house and the trees standing on the same land, illegally, without following the due process of law and thereafter, handed over the possession of the land to private

##PAGE4##

Page No.# 4/5

respondent no.7, in collaboration with other private respondents for their unlawful gain and interest.

3. The learned counsel appearing for the petitioners submits that the possession of the land was gained by the petitioners in view of a power of attorney issued by the respondent no.6 and thereafter, the petitioners have been staying in the aforesaid land without any disturbance. He submits that land was due for registration but in the meantime, the respondent no.4 in collusion with respondent no.7

has dislodged them from the aforesaid land.

4. In view of the aforesaid arbitrary action, the petitioners approached the Circle Officer by submitting a representation on 28.10.2025, which was not responded by the Circle Officer and thereafter, they filed another representation on 17.11.2025, which

also had to face the same fate.

5. In view of the aforesaid, the learned counsel appearing for the petitioners submits that the Circle Officer should be directed to consider their representation and accordingly, dispose of the

representation.

6. To the aforesaid submission, the learned counsel appearing for the respondents does not have any objection.

7. In view of the aforesaid, the instant writ petition is disposed of with a direction to the respondent no.3 to dispose of the pending representation dated 17.11.2025 before him within a period of 2 (two) months from the date of receipt of the certified copy of

the instant order.

##PAGE5##

Page No.# 5/5

8. The petitioners shall submit the certified copy of the inst

Click Here to Read the rest of this document