Gauhati High Court
WP(C)/6587/2023 of MD. IMTIYAZ KHAN @ MD. BABLU KHAN Vs THE STATE OF ASSAM AND 3 ORS on 23 July 2026
GAHC010256182023 2026:GAU-AS:10220 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6587/2023 MD. IMTIYAZ KHAN @ MD. BABLU KHAN S/O- MD. HUSSAIN KHAN, R/O- GOPALDHAM VILLAGE, NEAR VISHNU BIDYALA, BORGOLAI, P.O. BORGOLAI, P.S. AND SUB-DIVN-
GAHC010256182023
2026:GAU-AS:10220
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/6587/2023
MD. IMTIYAZ KHAN @ MD. BABLU KHAN
S/O- MD. HUSSAIN KHAN, R/O- GOPALDHAM VILLAGE, NEAR VISHNU
BIDYALA, BORGOLAI, P.O. BORGOLAI, P.S. AND SUB-DIVN- MARGHERITA, DIST. TINSUKIA, ASSAM, PIN- 786181.
VERSUS
THE STATE OF ASSAM AND 3 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF ASSAM, REVENUE DEPARTMENT, DISPUR, GUWAHATI-
781006.
2:THE DISTRICT COMMISSIONER
DIST. TINSUKIA
ASSAM
PIN- 786125.
3:THE SUB-DIVISIONAL OFFICER (CIVIL)
MARGHERITA
DIST. TINSUKIA
ASSAM
PIN- 786181.
4:THE CIRCLE OFFICER
MARGHERITA REVENUE CIRCLE
MARGHERITA
DIST. TINSUKIA
ASSAM
PIN- 786181
For the Petitioner(s) : Mr. H. Agarwal, Advocate For the Respondent(s) : Mr. S. Dutta, Standing Counsel : Mr. H. Sharma, Government Advocate BEFORE
HONOURABLE MR. JUSTICE DEVASHIS BARUAH
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ORDER
Date : 24.07.2026
Heard Mr. H. Agarwal, the learned counsel appearing on behalf of the Petitioner and Mr. S. Dutta, the learned Standing counsel appearing on behalf of the Respondent No.1. I have also heard Mr. H. Sharma, the learned Government Advocate appearing on behalf of the Respondent Nos. 2, 3 and 4.
2. The Petitioner herein is engaged in the business of manufacturing coke coal in the name and style of DGP Coke Coal. Being aggrieved by the order dated 19.10.2023 whereby the Petitioner was informed that the Petitioner has to vacate within 15 days failing which the Petitioner would be evicted from the land wherein he has set up his coke plant, the Petitioner has approached this Court.
3. The only grievance of the Petitioner in the instant proceedings is that the said impugned order dated 19.10.2023 was without issuing the Petitioner a Show Cause Notice thereby enabling the Petitioner to submit appropriate representation thereby claiming that the Petitioner has a bonafide claim of right to remain in possession of the Government land.
4. Taking into account the limited grievance of the Petitioner, this Court disposes of the instant writ petition with the following observations and directions:
(i) The order dated 19.10.2023 be construed as a Show Cause Notice to the petitioner under Rule 18(2) of the Settlement Rules as framed under the Assam Land and Revenue Regulation, 1886.
(ii) The Petitioner is granted 30 days time from today for submitting a representation before the Sub-Divisional Officer (Civil), Margherita placing the necessary documents to show that the Petitioner has a right to remain in possession over the land which admittedly belongs to the Government.
(iii) Upon submission of the said representation, the Sub- Divisional Officer (Civil), Margherita shall provide an opportunity of hearing to the Petitioner and thereupon decide the representation so submitted by the Petitioner as per the liberty granted hereinabove. The decision shall be a Speaking Order.
(iv) On the basis of such decision, the Sub-Divisional Officer (Civil), Margherita shall take such action as permissible under law.
(v) This Court further makes it clear that if the decision is taken on the representation is against the Petitioner, no action shall be taken for a period of 30 days from the date of service of the decision i.e. the Speaking Order upon the Petitioner thereby providing the Petitioner an opportunity to avail remedies as permissible under law.
(vi) No costs.
JUDGE Comparing Assistant