Authority: Gauhati High Court (High Court of Assam, Nagaland, Mizoram and Arunachal Pradesh)
Order Date: 22.07.2026
Case Overview
- Appellants: 17 landless individuals, namely Jahar Ali and 16 others, all residents of Charuabakhra Jungle, Chapar, Dhubri District, Assam.
- Respondents: The State of Assam and six other entities including the Commissioner and Secretary to the Government of Assam (Revenue and Disaster Management), District Commissioner of Dhubri, Circle Officer Chapar Revenue Circle, Commissioner of Bilasipara Co‑District, Assam Power Distribution Company Limited (APDCL), Co‑District Land Advisory Committee Bilasipara, and the Principal Secretary to the Government of Assam (Department of Power).
- Background: The appellants have been in continuous possession of government land for approximately 50 years, paying Touzi Bahira revenue. Under Notification dated 11.11.2022, they applied online for formal grant of patta/settlement of the plots, but their applications were rejected. The land is recorded in the name of APDCL.
- Procedural History: The appellants filed WP(C) No.2673/2026 seeking an interim order to prevent eviction. The learned Single Judge refused the interim relief and issued notices for final consideration. The appellants appealed this refusal.
- Arguments: Counsel for the appellants (M.A. Sheikh) argued a serious apprehension of eviction and cited similar cases where interim orders were granted. Counsel for APDCL (B. Choudhury) contended that interim orders were previously granted only where patta had already been allotted, which is not the case here.
Final Outcome
- The appeal is disposed of. The Court directs the learned Single Judge to consider the aspect that a large plot of land has been allotted to APDCL and that settlees have been given status‑quo orders, and to pass any necessary orders. If the Single Judge does not act, the writ petition filed by the appellants will become infructuous.
Topics: Land Settlement, Interim Relief