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2025 DAILYLAW 12768 (GAU)

AMIR CHAN MONDOL v. THE STATE OF ASSAM AND 4 ORS

WP(C)/2878/2024 · 2025-07-24

Arun Dev Choudhury

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/4 GAHC010107342024 2025:GAU-AS:9571 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2878/2024 AMIR CHAN MONDOL S/O- ALTAB ALI MONDAL, R/O- ANANDA NAGAR, (KRISHNA NAGAR) WARD NO-14, BILASIPARA TOWN, (KRISHNA NAGAR), P.O AND P.S- BILASIPARA, DIST- DHUBRI, ASSAM, PIN-783348 VERSUS THE STATE OF ASSAM AND 4 ORS REP. BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM, DISPUR, GUWAHATI-06 2:THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM REVENUE AND DISASTER MANAGEMENT DEPARTMENT DISPUR GUWAHATI-781006 3:THE DISTRICT COMMISSIONER DHUBRI ASSAM PIN-783301 4:THE SUB DIVISIONAL OFFICER (CIVIL) BILASIPARA CUM THE CHAIRMAN OF SUB DIVISIONAL LEVEL LAND ADVISORY COMMITTEE (SDLAC) BILASIPARA P.O AND P.S- BILASIPARA Page No.# 2/4 DIST- DHUBRI ASSAM PIN-783348 5:THE ASSISTANT SETTLEMENT OFFICER CUM CIRCLE OFFICER BILASIPARA REVENUE CIRCLE P.O AND P.S- BILASIPARA DIST- DHUBRI ASSAM PIN-78334 Advocate for the Petitioner : MR. M HUSSAIN, MR M KHAN,MR A.K. MOLLAH,MR. R I MONDAL Advocate for the Respondent : GA, ASSAM, SC, REVENUE BEFORE HON’BLE MR. JUSTICE ARUN DEV CHOUDHURY ORDER 25-07-2025 1. Heard Mr. M. Hussain, learned counsel for the petitioner and Mr. B. J. Talukdar, learned State counsel for the respondent Nos. 1, 3 & 4 and Ms. G. Hazarika, learned Standing counsel, Revenue and Disaster Management Department for the respondent Nos. 2 & 5. 2. The grievance of the petitioner is that the petitioner filed an application for settlement of a Government Khas land, measuring 1 Katha 5 Lechas covered by Dag No. 770 of Revenue Village- Ananda Nagar (town) under Bilasipara Revenue Circle in the District of Dhubri. Such application of the petitioner was considered by the Sub-Divisional Land Advisory Committee (SDLAC), Bilasipara and the said Committee by its Minute dated 18.11.2015, under Resolution No. 26, approved the proposal of the petitioner for settlement of land, measuring, 1 Katha 5 Lechas covered by Dag No. 770 (N)(p) of Page No.# 3/4 Village-Ananda Nagar (town). Thereafter, such proposal was submitted by the Sub- Divisional Officer, (Civil), Bilasipara, (hereinafter referred to as SDO, (C)before the Deputy Commissioner (Now District Commissioner) (DC in short), Dhubri for taking necessary action as regards the Government approval and fixation of premium of land in question. 3. It is the case of the petitioner that the matter is pending at that stage and being aggrieved, the present writ petition is filed. 4. An affidavit has been filed by the DC, Dhubri, which goes to show that the DC, Dhubri, has not disputed the fact of resolution, which was taken in favour of the petitioner and the receipt of the communication from the SDO, (C), Bilasipara and it is the stand of the DC, Dhubri that such proposal has been forwarded to the Commissioner & Secretary to the Government of Assam in the Revenue and Disaster Management Department by a communication bearing No. DRS.24/2024/74 dated 30.07.2024 for necessary approval. 5. Ms. Hazarika, learned Standing counsel, Revenue and Disaster Management Department, has placed before this Court a copy of the communication dated 02.01.2025 issued by the Joint Secretary to the Government of Assam in the Revenue and Disaster Management (S&S) Department and submits that the Department has received such proposal and the same is under examination. 6. Be that as it may, in the aforesaid backdrop, when it is not disputed as regards the fact of resolution taken in favour of the petitioner for settlement of the land in question and the factum of proposal being placed before the Revenue and Disaster Management Department and that such proposal is under consideration of the Department and the instant writ petition stands closed with a direction to the Commissioner & Secretary to the Government of Assam in the Revenue and Disaster Management Department to take a final decision on the proposal submitted by the DC, Dhubri under communication No. DRS.24/2024/74 dated 30.07.2024, as expeditiously as possible but within a period of 6 (six) months from the date of receipt of a certified copy Page No.# 4/4 of this order to be furnished by the petitioner before the Commissioner & Secretary to the Government of Assam in the Revenue and Disaster Management Department. 7. It is needless to say that till such determination, the possession of the petitioner in respect of the land in question, shall not be disturbed by the respondent authorities. 8. Copy of the communication dated 02.01.2025, produced before this Court by Ms. Hazarika, learned Standing counsel, Revenue and Disaster Management Department is kept on record. JUDGE Comparing Assistant