Kitab Ali and 268 Ors. v. the State of Assam and 5 Ors.
Case brief
What is this about?
Eviction notice 29.12.2025; Circle Officer Morigaon Revenue Circle; tribal sector / identified tribal belt; sections 163 & 164; clause 9 of PIL 74 of 2012 corrected as PIL 78 of 2012; Apex Court order dated 03.02.2020 in SLA(C) No.2121/2020; due process; individual case-to-case hearing; detailed speaking order to be served; Deputy Commissioner/District Commissioner Morigaon; appearance on 16.02.2026; 30-day hearing timeline extendable by 15 days; interim bar on eviction; 1 No. Barpayak Revenue Village, Uttar Khula Mouza, Morigaon; pattadar claims via power of attorney, sale deed, agreement of land sale, bayana agreement; WP(C)/335/2026; linked case WP(C)/337/2026 (Kitab Ali and 268 Ors); advocates S. Laskar, N.Z. Choudhury, A.R. Bhuyan for petitioners; H. Sarma, Addl. Senior Government Advocate for respondents.
What did the court decide?
Writ petitions disposed of with directions instead of being kept pending: Deputy Commissioner/District Commissioner, Morigaon to hear each petitioner individually on the representations/replies filed, pass detailed speaking orders and serve them on each individual, adhering to the Apex Court order dated 03.02.2020 in SLA(C) No.2121/2020; petitioners/representatives to appear on 16.02.2026; hearing to be completed within 30 days (extendable by 15 days); no eviction in terms of the notices dated 29.12.2025 until the hearing is conducted.