Gauhati High Court
WP(C)/3386/2026 of HASEN ALI AND 142 ORS Vs THE STATE OF ASSAM AND 4 ORS on 23 June 2026
GAHC010128012026 2026:GAU-AS:9185 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3386/2026 HASEN ALI AND 142 ORS S/O. LATE CHAMED ALI 2: ABDUL HAI S/O. LATE SURJYAT ALI 3: MAHAMMAD ALI S/O. LATE ABDUL RAHIM 4: ABDUL SALAM S/O. LATE MAGAR
GAHC010128012026
2026:GAU-AS:9185
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/3386/2026
HASEN ALI AND 142 ORS
S/O. LATE CHAMED ALI
2: ABDUL HAI
S/O. LATE SURJYAT ALI
3: MAHAMMAD ALI
S/O. LATE ABDUL RAHIM
4: ABDUL SALAM
S/O. LATE MAGAR ALI.
5: SURAJ MIYA
S/O. LATE AFAJ UDDIN
6: ABDUL HANNAN
S/O. LATE SAHAR ALI
7: ABDUL MALEK
S/O. LATE ABDUL HUSSAIN
8: SAMSUL ALAM
LATE MARTUJ ALI FAKIR
9: MD SHAHJAHAN ALAM
S/O. SAMSUL ALAM
10: MAMTAZ ALI
S/O. SAMSUL ALAM
11: MANORUDDIN ALI
S/O. LATE CHIRAJ UDDIN
12: MOJIBUR RAHMAN
S/O. LATE ABDUL KADIR
13: ABUL HUSSAIN
S/O. LATE JAHER ALI.
14: LOKMAN BECHA
S/O. ABDUL HUSSAIN
15: MOBAREK ALI
S/O. LATE IMAN ALI
16: ELIASH ALI
S/O. LATE ABDUL AJIJ
17: MIRAJ ALI
MIRAJ AJIJ
18: SHAHIRUL HUDA
S/O. NURIKUL ISLAM.
19: GULENUR HUDA
S/O. NURIKUL ISLAM
20: ALLALUDDIN ALI
S/O. ABDUL AJIJ
21: MD NURIKUL ISLAM
S/O. LATE MARTUZ ALI FAKIR
22: MD HARJUL ISLAM
S/O. LATE MARTUSH ALI FAKIR
23: MD DILWAR HUSSAIN
MD DILWAR HUSSAIN HEKIM
24: SUKUR ALI
S/O. LATE NANU MIR
25: MD NIZAM UDDIN ALI
S/O. LATE ABDUL SALAM
26: ABDUL LATIF
S/O. LATE ISMAIL AKAND
27: ROFIKUL ISLAM
S/O. LATE MIR HUSSAIN
28: IMAN ALI
S/O. LATE CHUBED ALI
29: ABU BAKKAR SIDDIK
S/O. HASEN ALI
30: MAFIJ UDDIN
S/O. NHACHEN ALI
31: ATABUR RAHMAN
S/O. NABI HUSSAIN
32: ALI HUSSAIN
S/O. LATE ABDUL JABBAR
33: ABDUL BAREK
S/O. LATE CHANDA MINA.
34: RAKMAT ALI
S/O. SAIBALI
35: AFIYA KHATUN
W/O. MATLEB ALI
36: MAMONI CHOUDHARY
W/O. ABDUL KASHEM
37: SAHAR UDDIN ALI
S/O. LATE KUDU ALI
38: GAFUR ALI
S/O. LATE ANSAR ALI
39: KUTUMUDDIN ALI
S/O. HACHEN ALI
40: SHAHIDUL ISLAM
S/O. CHAMAR ALI
41: SADDAM HUSSAIN
S/O. LATE ABDUL BAREK
42: SAIDUL ISLAM
S/O. MOJIBUR RAHMAN
43: NASIR ALI
S/O. LATE FUL MAHAMAD
44: NUR ISLAM
S/O. LATE JANAB ALI
45: HUSSAIN AHMED
S/O. LATE MIR HUSSAIN
46: ABDUL MANNAN
S/O. LATE ALI MUDDIN
47: KUDDUCH ALI
S/O. LATE MAMUD ALI
48: NUR MAHAMMAD ALI
S/O. LATE RAMESH ALI
49: ABU BAKKAR SIDDIK
S/O. LATE AMSAR BEPARI
50: ABDUL HOQUE
S/O. ABDUL CHALAM
51: ABDUL KHALEK
S/O. LATE MALUM UDDIN
52: ALAL UDDIN
S/O. LATE IDDISH ALI
53: KARIM ALI
S/O. LATE MAMUD ALI
54: ABDUL MAJID
S/O. ABUL HUSSAIN
55: ABDUL SALIM
S/O. LATE MAJIBUR RAHMAN
56: AJIJUL HAQUE
S/O. CHAHARUDDIN ALI
57: INNOS ALI
S/O. HASEN ALI
58: MD TUTA MIA
S/O. AMATULLAH
59: ABDUL MALEK
S/O. LATE MD S MIYA
60: ABDUL KARIM
/O. LATE ABDUL CHAMED
61: ABBASH ALI
S/O. SAHED ALI
62: YAHIA MOBARAK
S/O. FAJLUL KARIM
63: NIJAMUDDIN ALI
S/O. HASEN ALI
64: TAIBUR RAHMAN
S/O. LATE ABDUL REJAK
65: RUSTAM ALI
S/O. LATE CHIRAJ UDDIN
66: ABDUL BAREK
S/O. ABDUL MATIN
67: CHAHED ALI
S/O. LATE KAJIM UDDIN
68: MUSTAFA ALI
S/O. ABDUL MANNAN
69: KADIR ALI
S/O. LATE TAHER ALI
70: JAMENA KHATUN
S/O. LATE ABDUL CHUBBAN
71: NUR AMIN
S/O. KAMAL UDDIN
72: AMENA KHATUN
W/O. ABED ALI
73: JAMENA KHATUN
W/O. LATE NCHANDA MINA
74: SAHAR BANU
S/O. LATE JAYANAL ABEDIN
75: ALLACH ALI
S/O. MANNA CH ALI
76: SHIRAJUL ISLAM
S/O. LATER LAKAT ALI
77: KULSUM BIBI
W/O. LATE ASHIMUDDIN SEKH
78: MAMATA KHATUN
W/O. MAINUL HAQUE
79: ABDUL SALAM
S/O. LATE NCHAMD ALI
80: JYOSNARA BEGUM
W/O. ABDUL SALAM
81: JYOSNARA BEGUM
W/O. LATE ABDUL GUNI
82: MD MAFIJUDDIN ALI
S/O. KITAB ALI
83: KITAP ALI
S/O. LATE RAHAMAT ALI
84: MADINA BEGUM
W/O. LATE JAYANAL ABEDIN
85: JAMINA BEGUM
W/O. LATE MARTAJ ALI
86: BABUL ALI
S/O. LATE AFICH ALI
87: ABUL KASHEM
S/O. LATE SIRAJ UDDIN
88: MAFIDUL HODDA
S/O. LATE HEKMAT ALI
89: MRS ANOWARA BEGUM
W/O. ISMAIL ALI
90: ARIFUL ISLAM
S/O. SAMSUL HOQUE
91: ABDUL MATIN
S/O. LATE ICHAMAIL
92: BIBI HAWA
W/O. ICHAHIL BASK.
93: ABDUL MANNACH
S/O. LATE ABDUL LATIF
94: SAHARUDDIN ALI
S/O. LATE IDDISH ALI
95: ABU BAKKAR SIDDIKH
S/O. ABDUL AJIT
96: NUR ISLAM
S/O. LATE NASRAT ALI
97: FULECHA BEGUM
W/O. ABU KALAM
98: AMINA KHATUN
W/O. ABDUL AJIJ
99: AINUL HAQUE
S/O. ABDUL AJIT
100: ABDUL AJIT
S/O. LATE ABED ALI
101: MAINUDDIN ALI
S/O. ABDUL AJIT
102: MATIBUR RAHMAN
S/O. NABI HUSSAIN
103: KAJIMUDDIN ALI
S/O. LATE ABDUL CHAMED
104: MUJARUL ISLAM
S/O. LATE ABDUL JALIL
105: IBRAHIM ALI
S/O. HASEN ALI
106: RAFIK ALI
S/O. ABDUL RAHIM
107: SABILA DEKA BEGUM
W/O. RAFIK ALI
108: HUSSAIN ALI
S/O. LATE ASHIMUDDIN SEKH
109: JAKIR HUSSAIN
S/O. JAHED ALI
110: MOJIBUR RAHMAN
S/O. LATE NKHECHU CHEK
111: JAYGUN NESSA
W/O. JAHED ALI
112: JAHED ALI
S/O. LATE RAHMAT ALI
113: MAKHALAMA KHATUN
W/O. ROFIKUL ISLAM
114: ABDUL BAREK
S/O. LATE ABDUL HUSSAIN
115: HAFIJA KHATUN
W/O. ABBAS ALI
116: KAMRUN NEHAR
W/O. ABDUL KASEM
117: MOFIZA KHATUN
W/O. ABUL KASEM
118: JAMIR HUSSAIN
S/O. RAFIKUL ISLAM
119: SAHED ALI
S/O. ABDUL MALEK
120: RAFIKUL ISLAM
S/O. ABDUL MALIK
121: MD AKBAR ALI
S/O. ABDUL AJIT
122: ABU KALAM
S/O. LATE ABUL HUSSAIN
123: ELIYAS RAHMAT ULLAH
S/O. ABUL KALAM
124: ABDUL BARI AKAND
S/O. LATE ISMAIL AKAND
125: SAHERA KHATUN
W/O. NOOR MAHAMMAD
126: MOKBAL HUSSAIN
S/O. TUTA MIYA
127: ANMOL ALI DEKA
S/O. RAFIK ALI
128: HABIBUR RAHMAN
S/O. ABDUL AJIT
129: NAZIMUDDIN ALI
S/O. CHUKUR ALI
130: FAYZUDDIN
S/O. HUSSAIN ALI
131: AMIR HAMJA
S/O. ABDUL KASHEM
132: ABDUL MABUD
S/O. LATE ABDUL MAJID
133: MOSADUL ISLAM
S/O. LATE FAKARUDDIN
134: MANNAS ALI
S/O. LATE SURUJALI ALI
135: BABUL ISLAM
S/O. ABDUL HEKIM
136: AJGAR ALI
S/O. AFICH ALI
137: SUFIYA KHATUN
W/O. NAJRUL ISLAM
138: ABDUL HANNAN
S/O. LATE SAHAR ALI
139: DILUWAR HUSSAIN
S/O. LATE ALI HUSSAIN
140: ALOM ALI
S/O. JAHER ALI
141: JAMAL ALI
S/O. LATE OHED ALI
142: HAMIDUL ISLAM
S/O. ABDUL MOZID
143: ABDUL BARI AKANDA
S/O. ISMAIL AKANDAALL ARE RESIDENT OFVILLAGE BORSOLA
BAGICHA GAON/ BORSOLA BAGAN/1 NO. SURJYAPUR
MOUZA DHEKIAJULI
REVENUE CIRCLE DHEKIAJULI
DISTRICT SONITPUR
ASSA
VERSUS
THE STATE OF ASSAM AND 4 ORS
REPRESENTED BY THE CHIEF SECRETARY, TO THE GOVERNMENT OF
ASSAM, DISPUR, GUWAHATI -781006
2:THE COMMISSIONER AND SECRETARY
TO THE GOVERNMENT OF ASSAM
REVENUE DEPARTMENT
DISPUR
GUWAHATI- 781006
3:THE DISTRICT COMMISSIONER SONITPUR
TEZPUR
P.O. AND P.S. TEZPUR
DISTRICT SONITPUR
ASSAM.PIN CODE 784001
4:THE CO -DISTRICT COMMISSIONER DHEKIAJULI
P.O. AND P.S. DHEKIAJULI
DISTRICT SONITPUR
ASSAM.PIN CODE 784110
5:THE CIRCLE OFFICER
DHEKIAJULI REVENUE CIRCLE
DHEKIAJULI
DISTRICT- SONITPUR
ASSAM
PIN CODE- 78411
Advocate for the Petitioner : MR A R BHUYAN, S LASKAR,MD. I HUSSAIN
Advocate for the Respondent : GA, ASSAM, SC, REVENUE
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
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ORDER
Date : 24.06.2026 Heard Mr. A.R. Bhuyan, learned Senior Counsel assisted by Mr. I. Hussain, learned counsel for the petitioners; Mr. N. Das, learned Junior Government Advocate, Assam for the respondent nos. 1, 3, 4 & 5; and Ms. N. Bordoloi, learned Standing Counsel, Revenue Department for the respondent no. 2.
2. The petitioners, 143 in nos., have approached this Court by the present writ petition stating that they have a common cause to espouse. It is stated that the petitioners have received notices, all dated 09.06.2026, from the respondent no. 5, whereby the petitioners have been informed that a date of hearing has been fixed on 25.06.2026.
3. As per the Notices, similarly worded and all dated 09.06.2026, addressed to the petitioners, a complaint was purportedly received by the respondent no. 5 to the effect that the petitioners are in unauthorized occupation in a Government plot of land under Dag no. 1 at Village – Borsola Bagisa Gaon, Mouza – Dhekiajuli, Dhekiajuli Revenue Circle, District – Sonitpur. By the notices, the petitioners have been asked to submit the requisite documents at his Office within a period of fifteen days from 09.06.2026 and also, to appear in the hearing scheduled at his Office on 25.06.2026. By the notices, the petitioners are also informed that in the hearing, they can submit all the supporting documents in support of their claim as against the complaint regarding unauthorized occupation. The notices also indicate that in the absence of supporting documents, the petitioners should vacate the Government land or else, appropriate actions would be taken as per extant rules and regulations of the Government.
4. The petitioners have stated that some of them are allottees of Government Ceiling Surplus Land under various old dag numbers, and presently new Dag no. 1. The allotments were made in 1970s and they have been residing those plots of land by constructing dwelling houses, etc. and doing cultivations. Some of the petitioners had made applications for settlements of the plots of land under their continuous occupation since a long period with all the necessary documents in support of their claim for settlement as per the extant Land Policy.
5. Mr. Bhuyan, learned Senior Counsel appearing for the petitioners has submitted that though the petitioners have all the requisite documents to support the claim that the petitioners are not in unauthorized occupation of the Government land as alleged in the Notice, the petitioners are presently not in the position to submit all the supporting documents in the hearing scheduled on 25.06.2026 by the respondent no. 6. He has submitted that the petitioner will appear in the hearing scheduled on 25.06.2026 and will make a prayer for granting a period of further two weeks to submit all the supporting documents in support of the claim. He has further submitted that if any complaint submitted before the respondent no. 6 is the basis for issuance of the Notice dated 09.06.2026, then a copy of such complaint is to be furnished to the petitioners so that they can effectively respond to the Notice.
6. Mr. Das and Ms. Bordoloi, learned cousnel appearing for the State respondents have submitted that since the submissions of the learned Senior Counsel appearing for the petitioners seem reasonable, and the petitioners are appearing before the respondent no. 5 in the hearing scheduled on 25.06.2026, the petitioners after appearance can make such prayer for time and a copy of the complaint, if any, received by the respondent no. 5.
7. In view of the above submissions made by the learned counsel for the parties and also, considering the difficulties raised by the petitioners, and the assertion made on behalf of the petitioners that the petitioners have all the supporting documents to refute the claim that they are in unauthorized occupation of Government plot of land under Dag no. 1 at Village – Borsola Bagisa Gaon, Mouza – Dhekiajuli, Dhekiajuli Revenue Circle, District – Sonitpur as alleged in the Notice, this writ petition is disposed of with a direction to the petitioners to appear in the hearing scheduled before the respondent no. 5 on 25.06.2026 and upon appearance, they shall make an application seeking time period of 2 [two] weeks for submission of their replies along with all the supporting documents and to supply them a copy of the complaint, if any. If such an application is made by the petitioners in writing, the respondent no. 5 shall afford the time period of 2 [two] weeks to the petitioners to submit their replies with all the supporting documents in connection with the subject-matter of the Notice and also furnish a copy of the complaint, if any, received by him as regards the petitioners’ alleged unauthorized occupation of Government land under Dag no. 1 at Village – Borsola Bagisa Gaon, Mouza – Dhekiajuli, Dhekiajuli Revenue Circle, District – Sonitpur. On 25.06.2026, the respondent no. 6 shall also fix the next date of hearing with due intimation to all the stakeholders. It is further observed that after completing the hearing, the respondent no. 5 shall pass a speaking order after giving due consideration to the replies received from the petitioners and after affording them an opportunity of personal hearing. It is further observed that the copy of the speaking order to be passed after such hearing, is also to be communicated to the petitioners immediately thereafter.
8. With the observations made and the directions given above, the writ petition is disposed of. JUDGE Comparing Assistant