Rajendra Ram and 61 Ors. Vs the State of Assam and 7 Ors. — Gauhati HC (2026) — LawSathi Research

Rajendra Ram and 61 Ors. Vs the State of Assam and 7 Ors. — Gauhati HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Opportunity for each petitioner to file an individual representation with land particulars and supporting documents before respondent No. 4 within 30 days; interim bar on eviction of petitioners who file within time, until respondent Nos. 2 and 4 examine the representations and pass appropriate orders (preferably within three months); petitioners failing to file forfeit protection, with liberty reserved to the authorities to act as per the procedure of law.

Issue for consideration

Whether the petitioners can substantiate any claim or right of occupancy over the lands at Kheroni, given that the writ petition contains no specific description or particulars of the land under their occupation. +2 more

Court's answer

This Court disposed of the writ petition at this stage without issuing any notice, directing the petitioners to submit representations with the particulars of the land stated to be under their occupations, along with all relevant documents, before respondent No. 4 on an individual basis to substantiate their respective claims.

Ratio / Principle

The petitioners must submit such representations with land particulars before the authorities within a period of 30 days from the date of the order.

Key takeaways

On receipt of representations filed within the stipulated time, respondent Nos. 2 and 4 shall examine such representations and pass appropriate orders, preferably within three months from the date of submission.ratio¶123
Until such representations are disposed of by the respondent authorities, the authorities shall not proceed to evict petitioners who submitted their representations within the time stipulated by the Court.ratio¶124
If, despite the liberty granted, the petitioners or any of them fail to submit the representations before respondent No. 4, the respondent authorities would be at liberty to take action as per the procedure of law.

Detailed headnote1 paragraphs

Gauhati High Court, WP(C)/723/2026 (single Judge — Devashis Baruah), order dated 11.02.2026 disposing of the writ petition of Rajendra Ram and 61 others, residents of Kheroni (West Karbi Anglong, Assam) belonging to tribal, Bihari and Gorkha communities who describe themselves as cattle grazers, daily wage labourers and cultivators, claiming that their forefathers have resided and cultivated in the area since 1946-47 while paying forest department grazing-permit charges and land revenue. The petitioners faced threatened eviction under a notice dated 11.07.2024 issued by the Revenue Authorities (Annexure-B), of which they state they became aware only after recent ethnic violence in West Karbi Anglong, no specific or individual notices having been served on them. Counsel for KAAC objected that the writ petition contained no specific description of the land under the petitioners' occupation, contending that without particulars they cannot claim rights over Government or PGR/VGR land in view of Jagpal Singh v. The State of Punjab & Others, (2011) 11 SCC 396, and submitted that any land particulars available should be furnished before respondent No. 4 (Secretary, Land and Revenue Department, Karbi Anglong Autonomous Council). The Court, perusing the pleadings, disposed of the petition at this stage without issuing notice, directing each petitioner to submit an individual representation with land particulars and all relevant documents before respondent No. 4 within 30 days; respondent Nos. 2 and 4 to examine such representations and pass appropriate orders, preferably within three months of submission; and, until disposal of such representations, the authorities not to evict petitioners who filed within the stipulated time, failing which liberty stood reserved to the authorities to act as per the procedure of law.

Page No.# 1/15

GAHC010011642026

2026:GAU-AS:1938

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

Case No. : WP(C)/723/2026

RAJENDRA RAM AND 61 ORS.

SON OF- KHURALAL RAM , VILLAGE KHERONI PURANA BASTI, P.O. AND P.S. KHERONI, DISTRICT- WEST KARBI ANGLONG, ASSAM, PIN- 782448.

2: BHADRESHWAR GUWALA

SON OF- RATNESHWAR GUWALA VILLAGE KHERONI KACHARI GAON P.O. AND P.S. KHERONI DISTRICT WEST KARBI ANGLONG ASSAM PIN- 782448.

3: RAM PRAVESH VERMA SON OF - HARDEO VERMA VILLAGE KHERONI KACHARI GAON P.O. AND P.S. KHERONI DISTRICT WEST KARBI ANGLONG ASSAM PIN- 782448.

4: RAJKUMAR SAH SON OF - PYARACHANDA SAH VILLAGE KHERONI GHAT P.O. AND P.S. KHERONI DISTRICT WEST KARBI ANGLONG ASSAM PIN 782448.

5: NANDLAL YADAV SON OF- RAM BADAN YADAV VILLAGE KHERONI KACHARI GAON P.O. AND P.S. KHERONI DISTRICT WEST KARBI ANGLONG

Page No.# 2/15

ASSAM PIN 782448.

6: RAJESH YADAV

SON OF - RAMJASH YADAV VILLAGE KHERONI KACHARI GAON P.O. AND P.S. KHERONI DISTRICT WEST KARBI ANGLONG ASSAM PIN 782448.

7: SINGHASINI DEVI

DAUGHTER OF- LT. DINANATH SAHANI VILLAGE KHERONI KACHARI GAON P.O. AND P.S. KHERONI DISTRICT WEST KARBI ANGLONG ASSAM PIN- 782448.

8: RAJDHAN KUMAR PATHAK SON OF- PASHUPATI NATH PATHAK VILLAGE KHERONI KACHARI GAON P.O. AND P.S. KHERONI DISTRICT WEST KARBI ANGLONG ASSAM PIN 782448.

9: SHOBH NATH YADAV

SON OF - RAMJATAN YADAV VILLAGE KHERONI KACHARI GAON P.O AND P.S. KHERONI DISTRICT WEST KARBI ANGLONG ASSAM PIN 782448.

10: GANESH CHOUHAN

SON OF- GANESH CHOUHAN VILLAGE KHERONI KACHARI GAON P.O. AND P.S. KHERONI DISTRICT WEST KARBI ANGLONG ASSAM PIN 782448.

11: RAMESH CHOUHAN SON OF- DIPAN CHOUHAN VILLAGE KHERONI KACHARI GAON P.O. AND P.S. KHERONI DISTRICT WEST KARBI ANGLONG ASSAM PIN 782448

12: RAM NAGINA SING YADAV SON OF- RAMBADAN YADAV VILLAGE KHERONI KACHARI GAON P.O. AND P.S. KHERONI

Page No.# 3/15

DISTRICT WEST KARBI ANGLONG ASSAM PIN 782448.

13: SITARAM PANDEY SON OF - LT. RAMDHARI PANDEY VILLAGE KHERONI GHAT P.O. AND P.S. KHERONI DISTRICT WEST KARBI ANGLONG I ASSAM PIN 782448.

14: RAKESH PRASAD SON OF- JAGADISH PRASAD VILLAGE KHERONI GHAT P.O. AND P.S. KHERONI DISTRICT WEST KARBI ANGLONG ASSAM PIN- 782448.

15: GITA DEVI WIFE OF - ARBINDA GUPTA VILLAGE KHERONI GHAT P.O. AND P.S. KHERONI DISTRICT WEST KARBI ANGLONG ASSAM PIN 782448

16: RAHMAN SAH SON OF- NOBI HUSEN SAH VILLAGE KHERONI KACHARI GAON P.O. AND P.S. KHERONI DISTRICT WEST KARBI ANGLONG ASSAM PIN- 782448.

17: RAMCHARAN CHAUHAN SON OF- MITHU CHAUHAN VILLAGE KHERONI KACHARI GAON P.O. AND P.S. KHERONI DISTRICT WEST KARBI ANGLONG ASSAM PIN 782448.

18: RAJENDRA CHOUHAN SON OF- RATAN CHOUHAN VILLAGE KHERONI KACHARI GAON P.O. AND P.S. KHERONI DISTRICT WEST KARBI ANGLONG ASSAM

Page No.# 4/15

PIN 782448.

19: KUSUM DEVI WIFE OF- BHAWANI PRASAD GUPTA VILLAGE KHERONI KACHARI GAON P.O. AND P.S. KHERONI DISTRICT WEST KARBI ANGLONG ASSAM PIN 782448

20: SURESH YADAV SON OF- RAMBILAS YADAV VILLAGE KHERONI KACHARI GAON P.O. AND P.S. KHERONI DISTRICT WEST KARBI ANGLONG ASSAM PIN- 782448.

21: SANJAY KUMAR YADAV SON OF - RAM JATAN YADAV VILLAGE KHERONI KACHARI GAON P.O. AND P.S. KHERONI DISTRICT WEST KARBI ANGLONG ASSAM PIN 782448.

22: NURJA BEGUM WIFE OF- ABDUL HAQUE VILLAGE KHERONI KACHARI GAON P.O. AND P.S. KHERONI DISTRICT WEST KARBI ANGLONG ASSAM PIN- 782448.

23: AKALU PRASAD SON OF- YASHODA PRASAD VILLAGE KHERONI KACHARI GAON P.O. AND P.S. KHERONI DISTRICf WEST KARBI ANGLONG ASSAM PIN 782448.

24: MENEJAR THAKUR SON OF- BHOLA THAKUR VILLAGE KHERONI KACHARI GAON P.O. AND P.S. KHERONI DISTRICT WEST KARBI ANGLONG ASSAM

Page No.# 5/15

PIN- 782448.

25: MANNA DAS SON OF - LUKES DAS VILLAGE KHERONI KACHARI GAON P.O. AND P.S. KHERONI DISTRICT WEST KARBI ANGLONG ASSAM PIN- 782448.

26: RAMBILASH HOUHAN SON OF - RATAN CHOUHAN VILLAGE KHERONI KACHARI GAON P.O. AND P.S. KHERONI DISTRICT WEST KARBI ANGLONG ASSAM PIN- 782448.

27: RAJESH CHOUHAN SON OF- DIPAN CHOUHAN VILLAGE KHERONI KACHARI GAON P.O. AND P.S. KHERONI DISTRICT WEST KARBI ANGLONG ASSAM PIN- 782448.

28: PRADIP KUMAR PATHAK SON OF- PREMASAGAR PATHAK VILLAGE KHERONI KACHARI GAON P.O. AND P.S. KHERONI DISTRICT WEST KARBI ANGLONG ASSAM PIN- 782448.

29: SUBHASH CHAUHAN SON OF - NATHUNI CHAUHAN VILLAGE RANAIMA P.O. AND P.S. KHERONI DISTRICT WEST KARBI ANGLONG ASSAM PIN- 782448.

30: HIRALAL CHOUHAN SON OF - NATHUNI CHOUHAN VILLAGE RANAIMA P.O. AND P.S. KHERONI DISTRICT W ST KARBI ANGLONG AS AM

Page No.# 6/15

PIN 782448.

31: JAHIR CHOUHAN SON OF- NATHUNI CHOUHAN VILLAG RANAIMA P.O. AND P.S. KHERONI DISTRICT WEST KARBI ANGLONG ASSAM PIN 782448.

32: RAJANTI CHOUHAN SON OF- PRITHIBI CHOUHAN VILLAGE KHERONI KACHARI GAON P.O. AND P.S. KHERONI DISTRICT WEST KARBI ANGLONG ASSAM PIN- 782448.

33: SUGRIM BHOGAT SON OF NEPAL BHOGAT VILLAGE KHERONI KACHARI GAON P.O. AND P.S. KHERONI DISTRICT WEST KARBI ANGLONG ASSAM PIN- 782448.

34: NIRANJAN DAS SON OF- RAJENDRA DAS VILLAGE KHERONI KACHARI GAON P.O. AND P.S. KHERONI DISTRICT WEST KARBI ANGLONG ASSAM PIN- 782448.

35: SAJAL DAS SON OF - POTITOSH DAS VILLAGE KHERONI KACHARI GAON P.O. AND P.S. KHERONI DISTRICT WEST KARBI ANGLONG ASSAM PIN- 782448.

36: PASHURAM BHAGAT SON OF- NEPAL BHOGAT VILLAGE KHERONI KACHARI GAON P.O. AND P.S. KHERONI DISTRICT WEST KARBI ANGLONG ASSAM

Page No.# 7/15

PIN- 782448.

37: SANJAY CHAUHAN SON OF- CHANDRADEW CHAUHAN VILLAGE KHERONI KACHARI GAON P.O. AND P.S. KHERONI DISTRICT WEST KARBI ANGLONG ASSAM PIN- 782448.

38: BHARAT BHAGAT SON OF- DINANATH BHAGAT VILLAGE KHERONI KACHARI GAON P.O. AND P.S. KHERONI DISTRICT WEST KARBI ANGLONG ASSAM PIN- 782448.

39: SANJAY BHAGAT SON OF- NEPAL BHAGAT VILLAGE KHERONI KACHARI GAON P.O. AND P.S. KHERONI DISTRICT WEST KARBI ANGLONG ASSAM PIN- 782448.

40: SURYAMOHAN BHAGAT SON OF - NEPAL BHAGAT VILLAGE KHERONI KACHARI GAON P.O. AND P.S. KHERONI DISTRICT WEST KARBI ANGLONG ASSAM PIN- 782448.

41: HARERAM SAHU SON OF- MOTILAL SAHU VILLAGE KHERONI KACHARI GAON P.O. AND P.S. KHERONI DISTRICT WEST KARBI ANGLONG ASSAM PIN- 782448.

42: SANJAY VERMA SON OF- RAMAJI VERMA VILLAGE KHERONI KACHARI GAON P.O. AND P.S. KHERONI DISTRICT WEST KARBI ANGLONG ASSAM

Page No.# 8/15

PIN- 782448.

43: NANJI YADAV SON OF- SRIRAM YADAV VILLAGE KHERONI PURANA BASTI P.O. AND P.S. KHERONI DISTRICT WEST KARBI ANGLONG ASSAM PIN 782448.

44: JITENDRA CHOUHAN SON OF- SHIVSHANGKAR CHOUHAN VILLAGE KHERONI KACHARI GAON P.O. AND P.S. KHERONI DISTRICT WEST KARBI ANGLONG ASSAM PIN- 782448.

45: AKHILESH CHOUHAN SON OF- JAGADISH CHOUHAN VILLAGE MAJ GAON (NAWGHARWA) P.O. AND P.S. KHERONI DISTRICT WEST KARBI ANGLONG ASSAM PIN- 782448.

46: GAJENDRA MISHRA

SON OF- RAJENDRA MISHRA VILLAGE KHERONI KACHARI GAON P.O. AND P.S. KHERONI DISTRICT WEST KARBI ANGLONG ASSAM PIN- 782448.

47: VINOD YADAV SON OF- ANANT CHOUDHARY VILLAGE KHERONI KACHARI GAON P.O. AND P.S. KHERONI DISTRICT W ST KARBI ANGLONG ASSAM PIN 782448.

48: BISHAL RAJAK SON OF- SHIV KUMAR RAJAK VILLAGE KHERONI MAJ GAON P.O. AND P.S. KHERONI DISTRICT WEST KARBI ANGLONG ASSAM

Page No.# 9/15

PIN- 782448.

49: MURAT YADAV SON OF- BHARAT YADAV VILLAGE KHERONI PURANA BASTI P.O. AND P.S. KHERONI DISTRICT WEST KARBI ANGLONG ASSAM PIN- 782448.

50: DILIP CHAUHAN SON OF- LT. SANKAR CHAUHAN VILLAGE KHERONI PURANA BASTI P.O. AND P.S. KHERONI DISTRICT WEST KARBI ANGLONG ASSAM PIN- 782448.

51: CHHOTELAL CHOUHAN SON OF- GOPICHAND CHOUHAN VILLAGE BAGARIGHAT P.O. AND P.S. KHERONI DISTRICT WEST KARBI ANGLONG ASSAM PIN- 782448.

52: SABITA DEVI WIFE OF- CHHOTELAL CHAUHAN VILLAGE BAGARIGHAT P.O. AND P.S. KHERONI DITSRICT WEST KARBI ANGLONG ASSAM PIN 782448.

53: JAYANTI CHAUHAN

WIFE OF -BHIMLAL CHAUHAN VILLAG NAWGHARWA P.O. AND P.S. KHERONI DISTRICT WEST KARBI ANGLONG ASSAM PIN 782448.

54: SUNIL SINGH SON OF- MOTILAL SINGH VILLAGE PURANA BASTI P.O. AND P.S. KHERONI DISTRICT WEST KARBI ANGLONG ASSAM

Page No.# 10/15

PIN- 782448.

55: SAGAR CHAUHAN

SON OF- LT. GANGA CHAUHAN VILLAGE NAWGHARWA P.O. AND P.S. KHERONI DISTRICT WEST KARBI ANGLONG ASSAM PIN- 782448.

56: HARIHAR RAJBHAR SON OF- LT. SUDARSHAN RAJBHAR VILLAGE BAGISADUBI P.O. AND P.S. KHERONI DISTRICT WEST KARBI ANGLONG ASSAM PIN 782448.

57: DIPAK KANU SON OF- ASHOK KANU VILLAGE KHERONI GHAT P.O. AND P.S. KHERONI DISTRICT WEST KARBI ANGLONG ASSAM PIN- 782448.

58: RABISHANKAR SARMA SON OF DAYA SHANKAR BARMA VILLAGE KHERONI KACHARI GAON P.O. AND P.S. KHERONI DISTRICT WEST KARBI ANGLONG ASSAM PIN- 782448.

59: BINOD KUMAR YADAV SON OF- MOHAN CHOUDHARY VILLAGE NAWGHARWA P.O. AND P.S. KHERONI DISTRICT WEST KARBI ANGLONG ASSAM PIN- 782448.

60: SATIMA DEVI WIFE OF- RAMAKANTA CHAUHAN VILLAGE KHERONI KACHARI GAON P.O. AND P.S. KHERONI DISTRICT WEST KARBI ANGLONG ASSAM

Page No.# 11/15

PIN- 782448.

61: URMILA DEVI WIFE OF DEV SARAN YADAV VILLAGE BAGISADUBI P.O. AND P.S. KHERONI DISTRICT WEST KARBI ANGLONG ASSAM PIN- 782448.

62: BABULAL SINGH SON OF CHIPAHI SINGH VILLAGE KHERONI NEPALI BASTI P.O. AND P.S. KHERONI DISTRICT WEST KARBI ANGLONG ASSAM PIN 78244

VERSUS

THE STATE OF ASSAM AND 7 ORS. REPRESENTED BY THE SECRETARY, LAND REVENUE AND DISASTER MANAGEMENT DEPARTMENT, DISPUR ASSAM, PIN-781006.

2:THE KARBI ANGLONG AUTONOMOUS COUNCIL THROUGH THE PRINCIPAL SECRETARY DIPHU PIN- 782460. 3:THE SECRETARY HILL AREA DEVELOPMENT DEPARTMENT GOVERNMENT OF ASSAM DISPUR- 781006.

4:THE SECRETARY LAND AND REVENUE DEPARTMENT KARBI ANGLONG AUTONOMOUS COUNCIL DIPHU. PIN-782460.

5:THE DISTRICT COMMISSIONER WEST KARBI ANGLONG HAMREN PIN- 782486. 6:THE SUPERINTENDENT OF POLICE WEST KARBI ANGLONG HAMREN ASSAM

Page No.# 12/15

PIN- 782486.

7:THE CIRCLE OFFICER DONKA REVENUE CIRCLE DONKAMOKAM WEST KARBI ANGLONG PIN- 782486.

8:THE OFFICER-IN-CHARGE KHERONI POLICE STATION KHERONI WEST KARBI ANGLONG ASSAM PIN- 782486

For the Petitioner(s) : Mr. R. P. Sarmah, Sr. Advocate

Ms. A. Deka, Advocate

For the Respondent(s) : Mr. J. Handique, Govt. Advocate Mr. J. Chutia, SC, KAAC

BEFORE

HON’BLE MR. JUSTICE DEVASHIS BARUAH O R D E R

11.02.2026

Heard Mr. R. P. Sarmah, the learned Senior Counsel assisted by Ms. A. Deka, the learned counsel appearing on behalf of the petitioners. Also heard Mr. J. Chutia, the learned Standing Counsel, KAAC and Mr. J. Handique, the learned Government Advocate, Assam.

The petitioners 62 in numbers claim to be residents of Kheroni in the District of Karbi Anglong, Assam. The learned Senior Counsel for the petitioners submits that all these petitioners belong to certain tribal community, Biharis and Gorkha Community and are

Page No.# 13/15

cattle grazers, daily wage labourers and cultivators. It is the claim of the petitioners that since 1946-47 their forefathers have been residing in these areas as cultivators and cattle grazers and the petitioners being their descendants have continued to do so, while the petitioners have been paying the forest department the necessary charges for grazing permit, and also for the 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-B to the writ petition.

The learned Senior Counsel for the petitioners submits that the petitioners were not aware of the aforesaid notice and it is only after the recent ethnic violences which have erupted in the West Karbi Anlong District they aware of the existence of the said notice. The learned Senior 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. Being aggrieved the petitioners are before this Court.

Mr. J. Chutia, learned Standing Council, KAAC strongly objects to the submissions made by the learned Senior Counsel for the petitioners. It is submitted that these petitioners have claimed to

Page No.# 14/15

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.

The learned Standing Counsel, 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.4.

In view of the submissions made and on perusal of the pleadings available in 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 a representation with the particulars of the land stated to be under their occupations along with all relevant documents to substantiate their claims before the respondent No.4. The petitioners must submit such representation with the land particulars before the respondent No.4 on individual basis making respective claims against the land under their occupation. If the

Page No.# 15/15

petitioners are able to submit such representation with particulars before the authorities within a period of 30 days from today, the respondent Nos.2 and 4 shall examine such representations and pass appropriate orders within a reasonable period and preferably within 3(three) months from the date of submission of such representation.

Till such representations are disposed off by the respondent authorities, the respondent authorities shall not proceed to evict the petitioners who had submitted the representation as permitted by this Court within the time stipulated hereinabove. If in the event, in spite of the liberty being granted by this Court, the petitioners or any of them do not submit the representations before the respondent No.4, then the respondent authorities would be at liberty to take action as per the procedure of law. Accordingly, the matter stands disposed of in terms of the above.

Copy of this order be served upon the learned Standing Counsel, KAAC for due compliance.

JUDGE

Comparing Assistant