Disposed¶33

Abdus Sobur Mondal v. the State of Assam and Ors.

Gauhati HC10 Feb 2026WP(C)/681/2026

Case brief

AI extract

What is this about?

WP(C)/681/2026, Gauhati High Court, order dated 11.02.2026, Justice Devashis Baruah; eviction from Government land; procedure established by law; pending individual allotment applications; threat of eviction dated 03.01.2026; Village Kamardihi, Chapar Revenue Circle, Dhubri, Assam; Md. Salak Uddin Vs. State of Assam & Others, (2024) SCC OnLine Gau 921; petition disposed of at Motion stage; respondents directed to follow law and Division Bench mandate.

What did the court decide?

The writ petition was taken up and disposed of at the Motion stage, with the observation that any eviction of the petitioners from the lands in question must follow the procedure established by law and the mandate in Md. Salak Uddin (supra). ¶33

Abdus Sobur Mondal Vs the State of Assam and Ors. — Gauhati HC (2026) — LawSathi Research

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GAHC010005502026

2026:GAU-AS:1929

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

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Case No. : WP(C)/681/2026

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ABDUS SOBUR MONDAL S/O ABDUS SAMAD MONDAL

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RESIDENT OF VILLAGE KAMARDIHI PART I, PO TILAPARA, PS CHAPAR, REVENUE CIRCLE CHAPAR, DIST DHUBRI, ASSAM 783348

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2: JOHIRUL ISLAM S/O ABDUS SAMAD MONDAL RESIDENT OF VILLAGE KAMARDIHI PART I PO TILAPARA PS CHAPAR REVENUE CIRCLE CHAPAR DIST DHUBRI ASSAM 783348

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3: ASHAD ALI

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S/O MOKBUL HOSEN

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RESIDENT OF VILLAGE KAMARDIHI PART I PO TILAPARA PS CHAPAR REVENUE CIRCLE CHAPAR DIST DHUBRI ASSAM 783348

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4: AKBAR ALI

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S/O MOKBUL HOSEN

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RESIDENT OF VILLAGE KAMARDIHI PART I PO TILAPARA PS CHAPAR REVENUE CIRCLE CHAPAR DIST DHUBRI

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ASSAM 783348 5: ABBAS ALI S/O MOKBUL HOSEN RESIDENT OF VILLAGE KAMARDIHI PART I PO TILAPARA PS CHAPAR REVENUE CIRCLE CHAPAR DIST DHUBRI ASSAM 783348 6: JAMAT ALI MONDAL S/O SHAHMAMUD MONDAL RESIDENT OF VILLAGE KAMARDIHI PART II PO TILAPARA PS CHAPAR REVENUE CIRCLE CHAPAR DIST DHUBRI ASSAM 78334 VERSUS THE STATE OF ASSAM AND ORS REPRESENTED BY THE COMMISSIONER BRSECRETARY TO THE GOVERNMENT OF ASSAM,BRREVENUE AND DISASTER MANAGEMENT,DEPARTMENT, DISPUR, GUWAHATI -06. 2:THE DISTRICT COMMISSIONER OF DHUBRI DISTRICT DHUBRI ASSAM 783301 3:THE CIRCLE OFFICER CHAPAR REVENUE CIRCLE PO CHAPAR DIST DHUBRI ASSAM 783371 4:THE COMMISSIONER OF BILASIPARA CO DISTRICT PO BILASIPARA DIST DHUBRI ASSAM 78334

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For the Petitioner(s) : Mr. M.A. Sheikh, Advocate

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For the Respondent(s) : Mr. B.J. Talukdar, Sr. Govt. Advocate

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Ms. P.R. Phukan, Standing Counsel Mr. P.K. Medhi, Govt. Advocate

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BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH

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ORDER

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Date : 11.02.2026

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Heard Mr. M.A. Sheikh, the learned counsel appearing on behalf of the petitioners. Ms. P.R. Phukan, the learned Standing Counsel appears on behalf of the respondent No. 1 and Mr. B.J. Talukdar, the learned Senior Government Advocate assisted by Mr. P.K. Medhi, the learned Government Advocate appears on behalf of the respondent Nos. 2 to 4.

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Taking into account the grievance of the petitioners, the instant writ petition is taken up for disposal at the Motion stage itself.

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The case of the petitioners herein is that their predecessorsin-interest have been in continuous possession of the lands presently under the occupation of the petitioners for the last 50 (fifty) years. The 6 (six) petitioners herein have filed individual applications seeking allotment of the said lands. It is noticed that 2 (two) applications were filed in the year 2023, whereas

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the remaining 4 (four) applications were filed in the year 2025. The lands under their respective possession are described in detail in Schedules A, B, C, D, E and F to the instant writ petition.

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It is the further case of the petitioners that though the said applications are pending consideration but on 03.01.2026, the petitioners have been threatened with eviction. Apprehending that they may be evicted without following the procedure established by law, the petitioners have approached this Court by filing the present writ petition.

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It is no longer res integra that if the land in question is a Government land, the Government can evict the occupants by following the procedure established by law. This aspect has been duly dealt with by the learned Division Bench of this Court in the case of Md. Salak Uddin Vs. State of Assam & Others reported in (2024) SCC OnLine Gau 921.

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Taking into account the above, this Court observes that if the petitioners are to be evicted from the lands in question as described in Schedules A, B, C, D, E and F, the respondents herein shall follow the procedure established by law as well as the mandate laid down by the learned Division Bench of this Court in the case of Md. Salak Uddin (supra).

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With the above, the instant writ petition stands disposed of.

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JUDGE

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Comparing Assistant

Abdus Sobur Mondal v. the State of Assam and Ors.

Case brief

What is this about?

What did the court decide?

Abdus Sobur Mondal v. the State of Assam and Ors.

Case brief

What is this about?

What did the court decide?

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What the court decided

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