Md. Siddik Ali and 6 Ors. Vs State of Assam and 8 Ors.

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GAHC010161762023

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : WP(C)/4165/2023

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MD. SIDDIK ALI AND 6 ORS. S/O- LATE TAHER ALI, NO. 2 SARKE BASTI, PS LUMDING, SUB-DIVISION HOJAI, DIST.- NAGAON, ASSAM, PIN- 782446

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2: MD. ANOWARA BEGUM W/O- WAHID ALI R/O- SARKE BASTI PS LUMDING SUB-DIVISION HOJAI DIST.- NAGAON ASSAM PIN- 782446

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3: MD. WAHID ALI S/O- ABDUL JABBAR R/O- SARKE BASTI PS LUMDING SUB-DIVISION HOJAI DIST.- NAGAON ASSAM PIN- 782446

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4: MD. JAMAL UDDIN S/O- MASRAB ALI R/O- SARKE BASTI PS LUMDING SUB-DIVISION HOJAI DIST.- NAGAON ASSAM PIN- 782446 5: MD. TAMIR UDDIN KACHUM UDDIN R/O- SARKE BASTI

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PS LUMDING SUB-DIVISION HOJAI DIST.- NAGAON ASSAM PIN- 782446 6: MD. ASAR UDDIN S/O- KASEM ALI R/O- SARKE BASTI PS LUMDING SUB-DIVISION HOJAI DIST.- NAGAON ASSAM PIN- 782446 7: MD. FAYAJUL HOQUE S/O- CHANDU MIAH R/O- SARKE BASTI PS LUMDING SUB-DIVISION HOJAI DIST.- NAGAON ASSAM PIN- 78244 VERSUS

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STATE OF ASSAM AND 8 ORS. REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM, ASSAM CIVIL SECRETARIAT, DISPUR, GUWAHATI, ASSAM

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2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM DEPARTMENT OF LAND AND REVENUE ASSAM DISPUR GUWAHATI ASSAM PIN- 781006

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3:THE DIRECTOR OF LAND RECORDS AND SURVEY ETC. RUPNAGAR GUWAHATI ASSAM PIN- 781032 4:THE DEPUTY COMMISSIONER NAGAON ASSAM

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PIN- 782001 5:THE SUB-DIVISIONAL OFFICER (CIVIL) HOJAI PO HOJAI DIST.- NAGAON 6:THE KARBI ANGLONG AUTONOMOUS COUNSEL REP. BY ITS PRINCIPAL SECRETARY DIPHU KARBIANGLONG ASSAM 7:THE DEPUTY COMMISSIONER KARBI ANGLONG DIPHU 8:DIVISIONAL FOREST OFFICER KARBI ANGLONG DIPHU ASSAM 9:THE SUPERINTENDENT OF POLICE DIPHU KARBIANGLONG ASSA

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Advocate for the Petitioner : MR. A K DUTTA, MR. B PURKAYASTHA,MR. B ZAMAN

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Advocate for the Respondent : SC, REVENUE, GA, ASSAM,SC, K A A C

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BEFORE

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HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

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ORDER

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10.03.2026

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Heard Shri A.K. Dutta, learned counsel for the petitioners. Also heard Shri S.S. Roy, learned State Counsel; Shri J. Chutia, learned Standing Counsel, KAAC and Ms. G. Hazarika, learned Standing Counsel, Revenue Department.

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The approach to this Court under Article 226 of the Constitution of India

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has been made seeking the following relief:

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“In the premises aforesaid, it is therefore, prayed that Your Lordships may be pleased to admit this petition, call for the records, issue a Rule calling upon the respondents to show cause as to why the direction should not issue by setting aside and quashing the impugned Notice/Information dated 27.06.2023 (annexure-9) issued by the Karbi Anglong district administration as well as Karbi Anglong Autonomous Council by declaring the same as unlawful as well as not sustainable in law and further your Lordships may be pleased to direct the State Respondents to demarcate and settle the inter district boundary of both Karbi Anglong district and Nagaon district as per the mandates of the Notification dated 13.04.1951 (Annexure-1) issued by the then Chief Secretary to the Govt. of Assam within a specified period in order to redress the boundary disputes and the grievance of the petitioners/villagers. Furthermore, your Lordships may be pleased to issue necessary direction to the authorities of the Nagaon district to settle/ allot the land to the petitioners/villagers as per existing Land Policy, 2019 and other prevailing laws as indicated in the order dated 26.06.2023 passed by this Hon'ble Court in WP(C) No.1584/2019(Annexure-8B) and after cause or causes that may be shown by the respondents, on perusal of the records and after hearing the party/parties Your Lordships may be pleased to make the Rule absolute and would pass such further order/orders as Your Lordships may deem fit and proper in the facts and circumstances of the case.

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-AND-

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In the interim during the pendency of this writ petition Your Lordships may be pleased to stay and/or suspend the impugned Notice/ Information dated 27.06.2023 (Annexure-9) issued by the Karbi Anglong district authority as well as Karbi Anglong Autonomous Council through Environment and Forest department and further your lordship may be pleased to direct the respondents to maintain status quo w.r.t. eviction drive initiated pursuant to the impugned Notice/Information dated 27.06.2023 (Annexure-9) further Your Lordships may be pleased to observed that the pendency of this writ petition shall not be a bar for the State Respondents to allow the petitioner to settle the inter district boundary district between Karbi Anglong and Nagaon districts as per Notification dated 13.04.1951 (Annexure-1) issued by the office of the

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Respondent No.1 and this Hon'ble Court would pass such further order/orders as Your Lordships may deem fit and proper in the facts and circumstances of the case for the ends of justice.

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And for this act of kindness the petitioner as in duty bound shall ever pray.”

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As per the facts projected, the petitioners are the villagers of Nagaon district which is at the boundary with the Karbi Anglong district. The district of Karbi Anglong was notified on 13.04.1951. The KAAC authorities had initiated a drive against encroachment which according to the petitioners transgressed into the Nagaon district and accordingly WP(C)/1584/2019 was filed. There was an interim direction not to proceed with the eviction. However, when the writ petition was subsequently listed on 26.06.2023, this Court was apprised that the grievance of the petitioners can be looked into as per the Land Policy, 2019 and therefore, the writ petition was dismissed on withdrawal. However, the KAAC has again issued notice dated 27.06.2023 for eviction.

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Shri Dutta, the learned counsel for the petitioners has submitted that the land of the petitioners is not within the Karbi Anglong district and therefore, such lands cannot be the subject matter of any eviction process by the KAAC.

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Shri Chutia, the learned Standing Counsel has however contended that eviction drive has been done by the KAAC authorities confined to the area of KAAC and has been done strictly in accordance with law. He has otherwise contended that a notification has been issued on 29.04.2025 under paragraph 14(1) of the 6^th Schedule to the Constitution of India whereby a Commission has been constituted under the Chairmanship of Shri B. Kalyan Chakraborty, IAS, Addl. Chief Secretary to the Government of Assam to identify, consider and evaluate claims, counter-claims, objections and demands related to inclusion

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into and exclusion from the Karbi Anglong Autonomous Council. He has submitted that in case of any grievance, the aforesaid Commission may be approached.

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Both Shri Roy, the learned State Counsel and Ms. Hazarika, the learned Standing Counsel, Revenue Department have endorsed the aforesaid submission advanced by the learned Standing Counsel of the KAAC.

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Shri Dutta, the learned counsel for the petitioners has fairly conceded that since a Commission has been appointed vide the notification dated 29.04.2025, the petitioners would approach the same. He however prays for a liberty, that if any further grievance exists, they may be permitted to approach this Court.

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In view of the above, while this writ petition is closed by directing the petitioners to approach the Commission for redressal of their grievances. However, if the petitioners are still aggrieved by any orders passed by the Commission, they will have the liberty to approach the appropriate forum of law.

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This Court however makes it clear that if the area under the occupation of the petitioners is forest area, the appropriate authority whether it is the KAAC or the State Government may take action in accordance with the principles laid down by the Hon’ble Supreme Court in case of Abdul Khalek vs State of Assam reported in 2026 INC 140.

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Writ petition accordingly stands disposed of.

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JUDGE

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Comparing Assistant

Md. Siddik Ali and 6 Ors. v. State of Assam and 8 Ors.

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Md. Siddik Ali and 6 Ors. v. State of Assam and 8 Ors.

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