GUWAHATI, India, April 3 -- Gauhati High Court issued the following order on March 2:

1. Heard Shri A.R. Bhuyan, learned counsel for the petitioners. Also heard Shri N. Das, learned State Counsel and Ms. G. Hazarika, learned Standing Counsel, Revenue Department.

2. The petitioners, who are 3 in numbers, are aggrieved by the notice dated 29.12.2025 whereby they have been directed to vacate the land under their possession. It is projected that the petitioners are in continuous possession of the said land situated in village Nellie under 1 No. Barpayak Revenue Village, Uttar Khula Mouza, in the district of Morigaon from a long period of time.It is however admitted that the petitioners are not the owners of the land and they do not have any ownership right. However, they have been permitted by the original pattadars to reside over the land. It is also averred that two of the petitioners were officially granted refugee status prior to creation of any tribal belt or block and therefore, any subsequent document would not adversely affect their right over the land.The challenge is accordingly against the notice dated 29.12.2025 directing the petitioners to submit required documents and proof for asserting their rights over the plot of land.

3. Shri Bhuyan, learned counsel for the petitioners has submitted that by virtue of being in possession of the land in question for a long period of time and prior to any notification of declaration of tribal belt and block, a right has accrued to the petitioners to get settlement. He has also relied on a decision of the Hon'ble Supreme Court reported in 2024 SCC OnLine SC 3291 [In Re: Directions in the matter of demolition of structure judgment].

4. Shri Das, learned State Counsel has, on the other hand, submitted that the area in question falls under tribal belt and block as per Chapter X of the Assam Land and Revenue Regulation. He has also submitted that the impugned notice itself refers to the direction passed by the High Court in PIL 74/2012.

5. Ms. Hazarika, learned Standing Counsel, Revenue Department, Assam, has disputed the factual proposition portrayed by the petitioners and has endorsed the submissions of the learned State Counsel. 6. The rival contentions have been duly considered and the materials placed before this Court have been carefully examined.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=I1mmm2bl4r4EREhYK63KvzrcYwik6m37Mn3yFZby%2BMn%2BrahqEKJZkSkEQzZXYlg1&caseno=WP(C)/440/2026&cCode=1&cino=GAHC010015392026&state_code=6&appFlag=)

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