WP(C)/3316/2024 of ASOM KRISTI BIKASH SANGHA ALIAS KRISTI BIKASH SANGHA AND 5 ORS Vs THE STATE OF ASSAM AND 7 ORS on 30 July 2026

GAHC010127802024

2026:GAU-AS:10624

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3316/2024 ASOM KRISTI BIKASH SANGHA ALIAS KRISTI BIKASH SANGHA AND 5 ORS NORTH BONGAIGAON, A REGISTERED ORGANIZATION REGISTERED UNDER THE SOCIETIES REGISTRATION ACT, 1860 BEARING REGISTRATION NO. RS/BONG/252/G/08 OF 2019-2020 HAVING ITS OFFICE AT NORTH BONGAIGAON, CHAPAGURI ROAD, P.O. AND P.S.- BONGAIGAON, DISTRICT- BONGAIGAON, ASSAM, PIN- 783380, REPRESENTED BY ITS PRESIDENT, SRI HEMANTA KUMAR SARMA, AGED ABOUT 82 YEARS, SON OF LATE JANAKI MOHAN SARMA, RESIDENT OF BOC GATE, NORTH BONGAIGAON, P.O. AND P.S. AND DISTRICT- BONGAIGAON, ASSAM, PIN- 783380. 2: HEMANTA KUMAR SARMA SON OF LATE JANAKI MOHAN SARMA

PRESIDENT OF ASOM KRISTI BIKASH SANGHA ALIAS KRISTI BIKASH SANGHA

NORTH BONGAIGAON

RESIDENT OF BOD GATE NORTH BONGAIGAON

P.O. AND P.S. AND DISTRICT- BONGAIGAON

ASSAM PIN- 783380. 3: NAYAN JYOTI DAS ALIAS NAYAN MONI DAS SON OF LATE GUNAJIT KUMAR DAS

RESIDENT OF CHAPAGURI ROAD NORTH BONGAIGAON

P.O. AND P.S. AND DISTRICT- BONGAIGOAN

ASSAM PIN- 783380. 4: ABHIJIT DUTTA SON OF LATE MANIK DUTTA

RESIDENT OF NEW COLONY KALIBARI

P.O. AND P.S. AND DISTRICT- BONGAIGOAN

ASSAM PIN- 783380. 5: SANJOY GHOSH ALIAS SANJAY SEN SON OF LATE HARIPAD GHOSH

RESIDENT OF TOWN SHASRTI ROAD

P.O. AND P.S. AND DISTRICT- BONGAIGOAN

ASSAM PIN- 783380. 6: PAWAN KUMAR MAHATO SON OF SRI RAM PUKAR MAHATO

RESIDENT OF SHIVAM NAGAR

CHAPAGURI ROAD

P.O. AND P.S. AND DISTRICT- BONGAIGOAN

ASSAM PIN- 783380 VERSUS THE STATE OF ASSAM AND 7 ORS REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM, REVENUE AND DISASTER MANAGEMENT DEPARTMENT, DISPUR, GUWAHATI-6. 2:THE DISTRICT COMMISSIONER BONGAIGAON DISTRICT- BONGAIGAON ASSAM

PIN- 783380. 3:THE ADDITIONAL DISTRICT COMMISSIONER (REVENUE) BONGAIGAON DISTRICT- BONGAIGAON ASSAM PIN- 783380. 4:THE CIRCLE OFFICER BONGAIGAON REVENUE CIRCLE DISTRICT- BONGAIGAON ASSAM PIN- 783380. 5:THE UNION OF INDIA MINISTRY OF RAILWAYS REPRESENTED BY GENERAL MANAGER N.F. RAILWAY MALIGAON GUWAHATI-11 DISTRICT- KAMRUP (M) ASSAM 6:THE GENERAL MANAGER N.F. RAILWAY MALIGAON GUWAHATI-11 DISTRICT -KAMRUP (M) ASSAM 7:THE DIVISIONAL RAILWAY MANAGER RANGIA DIVISION N.F. RAILWAY MALIGAON GUWAHATI-11 DISTRICT -KAMRUP(M) ASSAM 8:THE ASSISTANT DIVISIONAL ENGINEER (ADEN) N.F.RAILWAY BONGAIGAON DISTRICT- BONGAIGAON ASSAM PIN-783381

BEFORE HON’BLE MR. JUSTICE DEVASHIS BARUAH

For the Petitioner(s) : Mr. R. Sharma, Advocate For the Respondent(s) : Mr. H. Sharma, Addl. Sr. GA, Assam : Ms. P. Rabha, CGC : Ms. G. Hazarika, Standing Counsel

· Date on which Judgment was reserved : N/A · Date of Pronouncement of Judgment : 31.07.2026 · Whether the pronouncement is of the Operative Part of the Judgment : Yes · Whether the full Judgment has been Pronounced : N/A JUDGMENT AND ORDER (ORAL) Heard Mr. R. Sharma, the learned counsel appearing on behalf of the Petitioners and Ms. G. Hazarika, the learned Standing counsel appearing on behalf of the Respondent No.1. I have also heard Mr. H. Sharma, the learned Additional Senior Government Advocate appearing on behalf of the Respondent Nos. 2, 3 and 4 and Ms. P. Rabha, the learned CGC appearing on behalf of the Respondent Nos. 5 to 8.

2. The present writ petition has been filed by the Petitioners being aggrieved by the notice which was issued by the Circle Officer, Bongaigaon Revenue Circle dated 14.06.2024 whereby the Petitioners were directed to vacate the plot of land and remove the structures and establishments with immediate effect.

3. It was also mentioned in the said notice dated 14.06.2024 that if there is a failure on the part of the Petitioners to vacate the land, necessary steps would be taken for eviction under the provisions of the Assam Land and Revenue Regulation, 1886 within 15 days from the date of issuance of the said notice.

4. It is the specific claim of the Petitioners herein that the land in question is a Railway land and as such, the Respondent Nos. 2, 3, and 4 have no authority or jurisdiction to take any steps for eviction of the Petitioners from the Railway land.

5. When the matter was listed before this Court on 17.06.2026, this Court sought for the stand of the Circle Officer, Bongaigaon Revenue Circle as well as the Divisional Railway Manager, Rangia Division, NF Railway by filing their affidavits.

6. An affidavit-in-opposition has been filed by the Respondent Nos. 5 to 8 wherein it is categorically mentioned at Paragraph Nos. 8 and 10 that the land is a Railway land and in that regard, the Chitha in respect to the land have been enclosed as Annexure-1 to the said affidavit-in-opposition. The Circle Officer, Bongaigaon Revenue Circle, however has not filed the affidavit-in-opposition.

7. Mr. H. Sharma, the learned Additional Senior Government

Advocate has placed before this Court an instruction issued by the Circle Officer, Bongaigaon Revenue Circle to the Additional District Commissioner (Revenue), Bongaigaon dated 28.07.2026, which is kept on record and marked with the letter “X”.

8. From a perusal of the said instruction, it is seen that as per the field verification report submitted, the land in question bearing Dag No.119 of Revenue Village, Bongaigaon Town, Part -I is recorded in the land record as Government land and the class of land is Sreni Nai but the disputed land is recorded as Railway land in the draft chitha.

9. From the above, it is therefore very clear that the Revenue Authorities of the State of Assam, more particularly the Circle Officer, Bongaigaon Revenue Circle without first ascertaining that the land in question is a Government land have initiated proceedings under Rule 18 of the Settlement Rules framed under the Assam Land and Revenue Regulation, 1886.

10. It is the opinion of this Court that the power conferred under Rule 18 of the Settlement Rules can only be exercised when the land in question falls within the categories of land specifically mentioned in Rule 18(2) of the Settlement Rules.

11. In the instant case, as the Revenue Authorities and more particularly the Circle Officer, Bongaigaon Revenue Circle is not sure as to whether the land in question is a Government land or a Railway land, the exercise of jurisdiction by the Circle Officer, Bongaigaon Revenue Circle to issue the notice dated 14.06.2024 stands vitiated.

12. Accordingly, this Court therefore sets aside the impugned notice dated 14.06.2024.

13. Before parting with the records, this Court, however, finds it relevant to observe that in the circumstance, after proper verification, if it is found that the land in question is a Government land, the Respondent Revenue Authorities can only take action by issuing proper notice in terms with the judgment of the learned Division Bench of this Court in the case of Md. Salak Uddin Vs. State of Assam and Others reported in (2024) SCC Online Gau 921.

14. With above observations and directions, the instant writ petition stands disposed of.

JUDGE Comparing Assistant Bijoy Saha Digitally signed by Bijoy Saha Date: 2026.08.03 13:38:54 +05'30'