Page No.# 1/4 GAHC010114642018 2025:GAU-AS:3136 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3536/2018 PRANJAL SAIKIA AND ANR. S/O LT. GANGARAM SAIKIA R/O VILL- NO. 2 PARBOTIPUR P.O. MERBIL P.S. LALUK DIST. LAKHIMPUR, ASSAM 2: SRI PABITRA SAIKIA S/O LT. GANGARAM SAIKIA R/O VILL- NO. 2 PARBOTIPUR P.O. MERBIL P.S. LALUK DIST. LAKHIMPUR ASSA VERSUS THE STATE OF ASSAM AND 4 ORS. REP. BY ITS COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, REVENUE AND DISASTER MANAGEMENT DEPARTMENT, DISPUR,GUWAHATI-6, ASSAM 2:THE DEPUTY COMMISSIONER LAKHIMPUR DIST. NORTH LAKHIMPUR ASSAM PIN - 787001. 3:THE ADDITIONAL DEPUTY COMMISSIONER (REVENUE) LAKHIMPUR ASSAM PIN - 787001. Page No.# 2/4 4:THE CIRCLE OFFICER BIHPURIA REVENUE CIRCLE BIHPURIA LAKHIMPUR DIST. LAKHIMPUR GOLAGHAT ASSAM PIN - 784161. 5:THE IN-CHARGE BANDERDEWA POLICE OUT POST DIST. LAKHIPUR ASSA Advocate for the Petitioner : MR. P P DUTTA, MS. M NEOG,MR. A BORUA Advocate for the Respondent : GA, ASSAM, SC, REVENUE BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY ORDER Date : 21.03.2025 1. Heard Mr. PP Dutta, learned counsel for the petitioners. Also heard Ms. G Hazarika, learned standing counsel, Revenue Department appearing for respondent No.1 and Mr. S.R. Baruah, learned State counsel appearing for respondent Nos.2 to 5. 2. It is the case of the petitioners that the Circle Officer, Bihpuria Revenue Circle submitted a proposal for settlement of 4 kathas of land under possession of the petitioners and their mother Smti Lilima Deori Saikia in respect of No.3(Part-Kha) of No.2 Parbotipur (Bandarduwa) under Laluk Mouza. 3. The order dated 01.01.2010 (Annexure-6), issued by the Additional Deputy Commissioner (Revenue), Lakhimpur, North Page No.# 3/4 Lakhimpur, goes to show that the case of the petitioners’ were considered and settlement was made in the name of Lilimai Deori Saikia in respect of 1 katha of land. 4. It is the case of the petitioners that beyond the aforesaid 1 katha of land, they are possessing another 3 kathas of land and therefore, such settlement was wrong and now they are being tried to be evicted from the rest of the 4 kathas of land, which the petitioners are possessing. 5. The state has filed an affidavit, in which they have not disputed the settlement of 1 katha of land in favour of the mother of the petitioners. However, a specific stand has been taken that the petitioners are owners of different plots of land and not landless person. 6. In this regard, the statements made in the affidavit are quoted hereinbelow: “As per the report of the Circle Officer, Naranpur Revenue Circle dated 22.06.2018, the father of the petitioner is the pattadar of land measuring 3 (three) Bigha 3 katha 2 lecha and has a share in another land measuring 2 bigha 1 katha 10 lecha land in the Narayanpur Revenue Circle. Further the petitioner No.1 is the registered pattadar of land measuring 7 bigha 4 lecha which falls under the jurisdiction of Narayanpur Revenue Circle.” 7. The State authorities in their affidavit had taken a specific stand that the proposal of allotment of 4 katha of land in question was submitted before the Deputy Commissioner, Lakhimpur, however, the SDLAC in its meeting held on 23.12.2000 approved only 1 katha of land out of the proposed 4 kathas of land proposed in favour of the mother of the petitioner. 8. It is the further stand of the state authorities that the land in Page No.# 4/4 question is the Government Khas land, which has been reserved for Banderdewa police outpost and protecting those land from encroachers cannot be termed as illegal. 9. Such affidavit was filed way back on 18.02.2019, however, no reply affidavit has been filed controverting such stand. 10. Referring to Annexures-7 & 8, the learned counsel for the petitioners submits that the settlement of the land in favour of the petitioners is still pending and therefore, the petitioners should not be evicted till determination of such application. 11. It is seen that the authorities had clarified their position that out of total 4 kathas of land proposed to be settled, only 1 katha has been settled in favour of the mother of the petitioners and that the petitioners are not landless persons and that the remaining 3 kathas of land is government khas land reserved for police outpost. 12. In view of the aforesaid, this court do not find any merit in the writ petition and accordingly, the same stands dismissed, however, it is provided that for the purpose of eviction, the petitioners may be given a notice in terms of the extent norms. JUDGE Comparing Assistant