WP(C)/6141/2026 of SHORIF UDDIN Vs THE STATE OF ASSAM and others on 10 November 2026

ORDER

11.11.2026 Heard Mr. P.K. Roy Choudhury, learned Senior counsel assisted by Mr. A Hussain, learned counsel for the petitioners. The petitioners are aggrieved by the orders issued by the Circle Officer, North Lakhimpur Revenue Circle on 30.10.2026 in respect of the representations filed by the petitioners. These orders were passed in deference to the Judgment dated 18.09.2026, 23.09.2026 and 15.10.2016 passed in W.P(C) No. 5138/2026, W.P(C) No. 5174/2026 and W.P(C) No. 5803/2026 respectively by the Hon’ble Gauhati High Court. By the impugned orders, the representations have been rejected and the claims of the petitioners have not been sustained. The circle officer held that the petitioners are found to be in occupying government khas land without any lawful authority and therefore they are directed to be evicted from the government khas land within 15 days. Pursuant thereto, the notices were issued by the Office of the District Commissioner and the eviction proceedings are initiated where the dates reflected in so far as the petitioner No. 4 is concerned, the date of eviction is on 14.11.2026, in respect of the Revenue Circle, North Lakhimpur and the area being 9/6 Kolamari. Being aggrieved, the present writ petition has been filed. Mr. R Borpujari, learned Standing Counsel, Revenue submits that there is an efficacious alternative remedy prescribed under the Revenue Regulations 1986, and the petitioners are entitled to file their appeals before the respective District Commissioner, North Lakhimpur. The submission of the counsel is noted, and it is seen from the Revenue Regulations that there is indeed a provision for an appeal before the District Commissioner against the orders passed by the concerned Circle officer. The learned senior counsel Mr. P.K. Roy Choudhury submits that in that event the petitioners be permitted to file their appeals before the District Commissioner, North Lakhimpur. However, till the time these appeals are decided by the authorities concerned, the eviction process be stayed. Considering the submissions made and the court is of the considered view that in the face of the provisions available, the Revenue Regulations for filing an appeal, petitioners are permitted to file their respective appeals before the District Commissioner, North Lakhimpur within a period of 2 weeks from today. The District Commissioner will consider the matter and pass appropriate orders upon hearing the petitioners. The writ petition therefore stands closed, permitting the petitioners to file necessary appeal before the district commissioner, North Lakhimpur within 2 weeks from today. Once the appeals are filed, it will be available for the District Commissioner to consider the prayers made of the petitioners for passing any interim orders or stay with regard to the eviction process undertaken. Accordingly, the writ petition stands disposed of. Till 30.11.2026, the eviction process shall remain stayed. Needless to say, upon the appeals being filed, the District Commissioner will consider the prayer for stay as may be projected by the petitioners. JUDGE Comparing Assistant