Shri Babban Chauhan Vs the State of Assam

2:THE KARBI ANGLONG AUTONOMOUS COUNCIL THROUGH THE PRINCIPAL SECRETARY DIPHU 782460 3:THE SECRETARY HILL AREA DEVELOPMENT DEPARTMENT GOVT. OF ASSAM DISPUR 781006 4:THE SECRETARY LAND AND REVENUE DEPARTMENT KARBI ANGLONG AUTONOMOUS COUNCIL DIPHU 782460 5:THE DISTRICT COMMISSIONER WEST KARBI ANGLONG HAMREN 782486 6:THE SUPERINTENDENT OF POLICE WEST KARBI ANGLONG HAMREN 782486 7:THE ASSISTANT REVENUE OFFICER DONKA REVENUE CIRCLE DONKAMOKAM WEST KARBI ANGLONG 782485 8:THE OFFICER IN CHARGE KHERONI POLICE STATION KARBI ANGLONG 78244

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Advocate for the Petitioner : MR. D DOLEY, MR. R P SARMAH

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

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Page No.# 3/5

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BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

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ORDER

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02.02.2026

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Heard Mr. R.P. Sarmah, learned Senior Counsel assisted by Ms. A. Deka, learned counsel for the petitioners. Also heard Mr. J. Chetia, learned Standing Counsel KAAC for the respondents Nos. 2, 4 and 7; Mr. N. Das, learned Government Advocate for the respondents Nos. 3, 5, 6 and 8; Ms. P.R. Mahanta, learned Standing Counsel, Revenue Department for the respondent No. 1.

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2. The petitioners 5 in numbers claim to be residents of Hawaipur Mouza under Donka Revenue Circle, West Karbi Anglong District, Assam. The learned counsel for the petitioners submits that all these petitioners hailing from Bihar whose forefathers migrated to the present location in search of different avocation, particularly agriculture, horticulture, livestock development and settled permanently on the plots of land by clearing the jungles and making the land suitable for human habitation and cultivation, while the petitioners have been paying revenue on the lands which they claim to be under their occupation, the petitioners were surprised to be informed from the revenue authorities that they are likely to be evicted in view of notice which was issued as far back as July, 2024. Copy of the said notice is enclosed as Annexure D on the writ petition.

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3. The learned counsel for the petitioners submits that the petitioners were not aware of this notice and it is only after the recent ethnic violences which have erupted in the West Karbi Anlong District they came to aware of existence

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Page No.# 4/5

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of the said notice. The learned counsel for the petitioners submits that no specific or individual notices have been issued and the petitioners have been verbally informed that they will be evicted from these lands in terms of the eviction notice dated 11.07.2024. The learned counsel for the petitioners further claimed that they are not residing in PGR/VGR land. Being aggrieved the petitioners are before this Court.

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4. Mr. J. Chutia, learned Standing Council, KAAC strongly objects to the submissions made by the learned counsel for the petitioners. It is submitted that these petitioners have claimed to be occupants of the said lands for the last several decades but there is no specific description of the land under their occupation which has been mentioned in the writ petition. Although references have been made in respect of payment of land revenues and forest use, the specific particulars pertaining to the land stated to be under their occupation is not specified in the writ petition and therefore, they cannot have any right over government land or PGR/VGR land in view of the judgment of the Apex Court in Jagpal Singh Vs The State of Punjab & Others reported in (2011) 11 SCC 396.

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5. The learned Standing Council, KAAC however, submits that if the petitioners have any particulars of the land under their possession then they should furnish the same before the respondent No.7.

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6. In view of the submissions made and upon perusal of the pleadings available on the writ petition, this Court is of the view that ends of justice will be met, if this writ petition is disposed of at this stage without issuing any notice directing the petitioners to submit the particulars of the land stated to be under

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Page No.# 5/5

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their occupations along with all relevant documents to substantiate their claims before the respondent No.7. The petitioners must ensure that the land particulars permitted to be submitted before the respondent No.7 must be on individual basis. If the petitioners are able to submit such particulars before the authorities as permitted by this Court within a period of 15 days from today then the respondent authority will thereafter, examine the claims and pass appropriate orders within a period of four weeks thereafter.

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7. Till such orders are passed by the respondent authority, the authority will not proceed to evict the petitioners who had submitted their particulars along with the representation as permitted by this Court. If in the event in spite of the liberty being granted by this Court, the petitioners or any of them do not furnish their particulars before the respondent No.7, then the respondent authority will be at liberty to take action as per the procedure of law. Accordingly, the matter disposed of in terms of the above.

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8. Copy of this order be marked to the Office of the Standing Counsel, KAAC for onward communication.

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9. Needless to say, in the event the petitioners being aggrieved by orders passed by the authorities concerned as directed, then they will be at liberty to approach the appropriate forum for redressal of their grievances.

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JUDGE

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Comparing Assistant

Shri Babban Chauhan v. the State of Assam

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Shri Babban Chauhan v. the State of Assam

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