Gauhati High Court
WP(C)/4192/2016 of GUJAR SINGH PHULL Vs THE STATE OF ASSAM and 2 ORS. on 12 July 2026
GAHC010228502016 2026:GAU-AS:9544 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4192/2016 GUJAR SINGH PHULL S/O LT. BHAGAT SINGH PHULL, R/O PATRA GAON, LAHOAL, DIBRUGARH- 10, ASSAM VERSUS THE STATE OF ASSAM and 2 ORS. REP. BY THE PRINCIPAL
GAHC010228502016
2026:GAU-AS:9544
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/4192/2016
GUJAR SINGH PHULL
S/O LT. BHAGAT SINGH PHULL, R/O PATRA GAON, LAHOAL, DIBRUGARH- 10, ASSAM
VERSUS
THE STATE OF ASSAM and 2 ORS.
REP. BY THE PRINCIPAL SECY., TO THE GOVT. OF ASSAM, REVENUE and DISASTER MANAGEMENT DEPTT., SECRETARIAT COMPLEX, DISPUR, GHY-6, ASSAM
2:THE DY. COMMISSIONER
DIBRUGARH
ASSAM
3:THE CIRCLE OFFICER
DIBRUGARH EAST REVENUE CIRCLE
DIBRUGARH
ASSA
Advocate for the petitioner(s): None appears Advocate for the respondent(s): Mr. BJ Talukdar, Senior Advocate Mr. PK Medhi
B E F O R E
HON’BLE MR. JUSTICE DEVASHIS BARUAH
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ORDER
13.07.2026
None appears on behalf of the petitioner on call.
2. Mr. BJ Talukdar, the learned Senior Counsel assisted by Mr. PK Medhi, the learned counsel who appears on behalf of the respondents.
3. The present writ petition has been filed by the petitioner challenging the various notices of eviction.
4. The learned Coordinate Bench of this Court vide the order dated 19.07.2016 while issuing notice, passed an interim order thereby staying the operation of the impugned notices. Inspite of that, there has been no instruction(s) being placed by the respondent authorities.
5. It is a settled proposition of law as held by 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 that in order to carry out an eviction interms with Rule 18 of the Settlement Rules, framed under the Assam Land and Revenue Regulation, 1886, it is the requirement that notice is required to be issued thereby granting opportunities to the noticee before initiating any steps for eviction.
6. Under such circumstances, as neither the petitioner seems to be interested in the present proceedings by putting in his appearance, nor the respondents seem to be interested in taking steps for eviction as there is no response for the last 10(ten) years, this Court disposes of the writ petition with a direction that in the circumstance, the respondent authorities take any steps for eviction, the same shall be preceeded by a notice in terms with the judgment of the learned Division Bench of this Court in the case of Md. Salak Uddin (supra).
7. Writ petition, accordingly, stands disposed of.
JUDGE Comparing Assistant