Chanmahammad Ali and 134 Ors. v. the State of Assam and 5 Ors.

What is this about?

Intra Court Appeal WA/73/2026, Gauhati High Court, decided 13-03-2026 (authored by K.R. Surana, J; bench included Sanjeev Kumar Sharma, J) — dismissed the appeal of Chanmahammad Ali and 134 others against dismissal of WP(C)/1451/2026 challenging eviction from Tribal Belt/Block land protected under Chapter-X of the Assam Land and Revenue Regulation, 1886, in the villages of Pachaniapara, Kamargaon, Deorali and Janglipara, Dakhin Rani mouza, Kamrup (Metro). Key search themes: Regulation 162(2) prohibition on acquiring or possessing protected land by transfer, exchange, lease, agreement or settlement; power-of-attorney, permissive, consensual and oral-agreement possession treated as unlawful transfer of possession; non-registered sale deeds indicating transfer; eviction notices dated 09.02.2026, 12.02.2026 and 27.02.2026 under Regulation 165(1), 165(2) and 165(3) with 15 days' time held to constitute reasonable time consistent with the Supreme Court order dated 03.02.2020 in SLP (C) D No. 2121/2020 (arising out of PIL/78/2012); scope of certiorari jurisdiction in intra-court appeals (relevant factors, natural justice, hearing); no perversity, no interference; appellants' projections included Article 21 shelter right and rehabilitation expectation under the Assam Land Policy, 2019. Useful for research on: tribal belt/block evictions in Assam, eviction of non-protected-class occupants with patta holders' consent, oral agreement possession of protected land, adequacy of 15-day eviction notice, standards for admitting intra-court appeals against Single Judge orders.