The Gauhati High Court has held that a challenge to an eviction notice cannot be sustained where the petitioners fail to show any conceivable right over the land sought to be cleared.

Justice Devashis Baruah, observed, “Taking into account that the Petitioners have not been able to substantiate any material before this Court that they have any conceivable right in respect of Dag No.164 and Dag No.131 of village Magurmari, it is the opinion of this Court that the Petitioners cannot sustain a challenge to the impugned notice dated 19.04.2022.”

The observation came in a writ petition challenging a notice issued by the Circle Officer, Dotma Revenue Circle, for eviction of encroachers from certain land in village Magurmari in favour of persons holding allotments under the MNP/TB scheme.

The petitioners relied on two registered deeds of sale through which their predecessors-in-interest had purchased separate plots of land. The High Court, however, noted that the lands described in those deeds were different from the lands covered by the eviction notice. The Court also took note of the BTC report stating that one of the plots covered by the notice was Government Khas Land.

The petitioners had also sought the sketch map/trace map and Jamabandi relating to the lands covered by their sale deeds, which had not been provided by the authorities. It was submitted that, in view of the sale deeds, they had a right to seek those records.

The High Court found that the sale deeds relied upon by the petitioners had no relevance to the eviction notice as they related to different lands.

The Court observed, “The reference of these Sale Deeds in the writ petition has however no relevance to the impugned notice dated 19.04.2022 inasmuch as, the impugned notice refers to Dag No.164 and Dag No.131.”

At the same time, the Court held that the petitioners could obtain the revenue records relating to the lands covered by their sale deeds.

It observed, “It is the opinion of this Court that if the Petitioners apply for the copy of the Jamabandi as well as the sketch map/trace map of the land... the Petitioners should be issued the trace map as well as the Jamabandi upon payment of the prescribed fees.”

Accordingly, the High Court declined to interfere with the eviction notice.

It directed the concerned revenue authorities to provide the trace map and Jamabandi relating to the petitioners' lands upon submission of complete applications and payment of the prescribed fee, within two months.

The writ petition was accordingly disposed of.

Case No.: WP(C)/4643/2022

Case Title: Hasena Bewa and 10 Ors v. State of Assam and 8 Ors

LL Citation: 2026 LiveLaw (Gau) 140

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