HC directs Morigaon DC to hear eviction writ petitions on case-by-case basis

Staff Reporter

GUWAHATI: The bench of Justice Soumitra Saikia has asked the Deputy Commissioner/District Commissioner of Morigaon to conduct case-to-case hearings of the 79 petitioners who had received eviction notices from the Morigaon Revenue Circle for their alleged illegal occupation of tribal lands in the tribal sector. The Morigaon Revenue Circle Officer issued the eviction notices on December 29, 2025.

According to the petitioners, they have been residing in the village of Morigaon and Dahuti Habi revenue village under the Uttar Khula Mouza in the district of Morigaon for the last several years. It is the claim of the petitioners that, by virtue of and on the strength of documents, such as the deed of power of attorney, agreement of land sale, deed of sale, Bayana agreement, etc., the petitioners have purchased these lands, and they claim to be occupants of the said lands. The original pattadars have allowed them to act and live on the land they occupy due to the power of attorney and other documents. The petitioners are aggrieved by notices issued by the Circle Officer, Morigaon Revenue Circle, on December 29, 2025, whereby the petitioners were informed that on preliminary spot investigation it was revealed that they were illegally occupying the lands in the tribal sector in violation of sections 163 & 164. In terms of clause 9 of the judgement rendered by the Gauhati High Court in PIL 74 of 2012 (subsequently corrected as PIL 78 of 2012), the notices were issued to the petitioners, and they were called upon to submit the required documents and proofs for asserting their land rights in the tribal sector within the next 15

days. Upon failure to adhere to the notice, the lands shall be cleared of the people within one month from the date of receipt of the notice.

The petitioners prayed for the setting aside of the impugned eviction notice(s) and sought a direction to the respondents not to carry out the eviction or demolition of any permanent or temporary structure and to carry out eviction or demolition exercises against the petitioners without following the due process of law. They further prayed for directions to the respondents not to disturb the petitioners from enjoying their rights to stay on the said lands by virtue of documents and deeds.

The bench said, “The Deputy Commissioner/District Commissioner will now

proceed to hear each and every individual on the basis of the documents and

the replies filed by the petitioners and conduct the necessary hearing on a case-by-case basis. Since the petitioners are also represented before this court, individual notices for the hearing contemplated need not be issued. The petitioners or their representatives will appear before the Deputy Commissioner on February 9, 2026, and thereafter, the Deputy Commissioner/District Commissioner will proceed to hear each and every matter and, if needed, pass speaking orders on an individual basis. The petitioners would be given adequate opportunity to be heard, and the entire hearing should be completed within 30 days from February 9, 2026, and thereafter pass effective orders. If, in the event, the Deputy Commissioner/District Commissioner believes that the hearing cannot be completed within the time frame specified by this Court, then the same must be completed within another extended period of 15 days thereafter. Until such a hearing is conducted, the revenue authorities will not proceed to evict the petitioners from the said lands.”

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