Disposed¶48

Abdul Aziz v. the State of Assam

Gauhati HC10 Feb 2026WP(C)/682/2026

Case brief

AI extract

What is this about?

Government land eviction; procedure established by law; pending allotment applications filed 2025; threatened eviction dated 05.01.2026; motion-stage disposal of writ petition; Dhubri district; Bilasipara; Chapar Revenue Circle; reliance on Md. Salak Uddin Vs. State of Assam & Others, (2024) SCC OnLine Gau 921; petitioners Abdul Aziz and six others versus State of Assam and revenue authorities; WP(C)/682/2026; Gauhati High Court; Justice Devashis Baruah; order dated 11.02.2026.

What did the court decide?

The writ petition was taken up and disposed of at the Motion stage itself, with a direction that any eviction of the petitioners from the lands in Schedules A to G must follow the procedure established by law and the mandate laid down in Md. Salak Uddin (supra); no affirmative relief such as allotment was granted. ¶48

Abdul Aziz Vs the State of Assam — Gauhati HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioners, who claim about 50 years' possession of the scheduled lands and whose 2025 allotment applications are pending, may be evicted otherwise than in accordance with the procedure established by law.

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Court's answer

It is no longer res integra that if the land in question is 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 Md. Salak Uddin Vs. State of Assam & Others, (2024) SCC OnLine Gau 921.

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Ratio / Principle

If the petitioners are to be evicted from the lands described in Schedules A, B, C, D, E, F and G, the respondents shall follow the procedure established by law as well as the mandate laid down by the learned Division Bench of this Court in Md. Salak Uddin (supra).

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Detailed headnote1 paragraphs

Gauhati High Court (Hon'ble Mr. Justice Devashis Baruah), Order dated 11.02.2026 in WP(C)/682/2026: Seven petitioners claiming continuous possession of lands in Village Jomduwar Part I, PS Bilasipara, District Dhubri for about 50 years had filed individual allotment applications in 2025, which remained pending; on 05.01.2026 they were threatened with eviction. Taking up the petition at the Motion stage, the Court held it is no longer res integra that occupants of Government land may be evicted by following the procedure established by law, as dealt with by the learned Division Bench in Md. Salak Uddin Vs. State of Assam & Others, (2024) SCC OnLine Gau 921, and directed that if the petitioners are to be evicted from the lands described in Schedules A to G, the respondents shall follow the procedure established by law and the mandate in Md. Salak Uddin (supra). Petition disposed of accordingly.

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GAHC010006122026

2026:GAU-AS:1930

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

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Case No. : WP(C)/682/2026

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ABDUL AZIZ

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S/O ANOWAR HOSSAIN

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RESIDENT OF VILLAGE JOMDUWAR PART I, PO HAKAMA PS BILASIPARA, DIST DHUBRI, ASSAM, 783348

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2: ANICHA BEGUM W/O KAHINUR ALI

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RESIDENT OF VILLAGE JOMDUWAR PART I PO HAKAMA PS BILASIPARA DIST DHUBRI ASSAM 783348

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3: RABIA KHATUN W/O ANOWAR ALI

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RESIDENT OF VILLAGE JOMDUWAR PART I PO HAKAMA PS BILASIPARA DIST DHUBRI ASSAM 783348

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4: NUJMAL HOQUE

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S/O KAMAL DEWANI

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RESIDENT OF VILLAGE JOMDUWAR PART I PO HAKAMA PS BILASIPARA DIST DHUBRI ASSAM 783348

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5: HAZRAT ALI

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S/O KAMAL DEWANI

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RESIDENT OF VILLAGE JOMDUWAR PART I PO HAKAMA PS BILASIPARA DIST DHUBRI ASSAM 783348

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6: NURUL ISLAM S/O KAMAL DEWANI

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RESIDENT OF VILLAGE JOMDUWAR PART I PO HAKAMA PS BILASIPARA DIST DHUBRI ASSAM 783348

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7: SHAN IDUL ISLAM S/O ANOWAR ALI

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RESIDENT OF VILLAGE JOMDUWAR PART I PO HAKAMA PS BILASIPARA DIST DHUBRI ASSAM 78334

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VERSUS

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THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER BRSECRETARY TO THE GOVERNMENT OF ASSAM,BRREVENUE AND DISASTER MANAGEMENT,DEPARTMENT, DISPUR, GUWAHATI -06.

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2:THE DISTRICT COMMISSIONER OF DHUBRI

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DISTRICT DHUBRI ASSAM 783301

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3:THE CIRCLE OFFICER

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CHAPAR REVENUE CIRCLE PO CHAPAR DIST DHUBRI ASSAM 783371

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4:THE COMMISSIONER OF BILASIPARA CO DISTRICT

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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 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 7 (seven) petitioners herein have filed

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individual applications seeking allotment of the said lands. It is noticed that the said applications were filed in the year 2025. The lands under their respective possession are described in detail in Schedules A, B, C, D, E, F and G respectively 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 05.01.2026, 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, F and G, the respondents herein shall follow the procedure established by law as well as the mandate laid down by the learned Division Bench of this

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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

Abdul Aziz v. the State of Assam

Case brief

What is this about?

What did the court decide?

Abdul Aziz v. the State of Assam

Case brief

What is this about?

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