Page No.# 1/5 GAHC010262002017 2025:GAU-AS:131 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/357/2017 SIRAJUL HAQUE and 10 ORS. S/O. LT. MANNAF ALI 2: MD. DELUWAR HUSSAIN S/O. LT. KURSHED ALI 3: MD. ABDUL GONI S/O. MAJID ALI 4: MD. RUPCHAND ALI S/O. LT. LAL MAHMUD 5: MD. LALCHAND ALI S/O. TENDU MIYA 6: MD. RAIJUDDIN S/O. RUPCHAND 7: MD. DAROG ALI S/O. LT. SUBAHAN ALI 8: MD. HANIF ALI S/O. RUSHTAM ALI Page No.# 2/5 9: MD. JOYNUDDIN S/O. LT. ARAN ALI 10: MD. SULTAN ALI S/O. LT. SANSER ALI 11: MD. SHAMSUL HOQUE S/O. LT. MAZIBAR ALL ARE R/O. LARKUCHI NO.1 CATTLE RESERVE P.O. LARKUCHI P.S. MUKALMUA DIST. NALBARI ASSAM VERSUS THE STATE OF ASSAM and 3 ORS. REP. BY THE COMM. and SECY., TO THE GOVT. OF ASSAM, REVENUE SETTLEMENT DEPTT., DISPUR, GHY.-06. 2:THE DIRECTOR LAND RECORDS AND SURVEYS ETC. ASSAM RUPNAGAR GHY.-781032. 3:THE DY. COMMISSIONER LAND SETTLEMENT BRANCH NALBARI P.O. and P.S. NALBARI DIST. NALBARI ASSAM. 4:THE CIRCLE OFFICER BARKHETRI REVENUE CIRCLE MUKALMUA DIST. NALBARI ASSAM Page No.# 3/5 For the petitioner (s) : Mr. A. K. Hussain, Advocate For the respondent (s) : Mr. H. Sarma, Addl. Sr. Govt. Advocate Mr. A. Bhattacharjee, SC, Revenue BEFORE HON’BLE MR. JUSTICE DEVASHIS BARUAH O R D E R 06.01.2025 Heard Mr. A. K. Hussain, the learned counsel appearing on behalf of the petitioners. I have also heard Mr. H. Sarma, the learned counsel appearing on behalf of the District Administration as well as Mr. A. Bhatacharjee, the learned counsel appearing on behalf of the Revenue Department of Assam. 2. Eleven petitioners have joined together to file the instant writ petition seeking a direction that the land under their occupation be settled with the petitioners and for further direction that they should not be evicted from the said land. 3. It is noticed that the land which the petitioners seek allotment is contained in Dag No.89 which is a VGR land pertaining to cattle reserve of Village No.1 Larkuchi under Paschim Barkhetri Mouza. It is further noticed that the Assam Land Policy of 2019 categorically mandates that there shall not be any de-reservation of the VGR or the PGR lands except for Page No.# 4/5 public purpose. 4. Under such circumstances, without there being any challenge to the Assam Land Policy of 2019, it would not be proper on the part of this Court to issue a writ for granting settlement over the land which is admittedly a VGR land. 5. Additionally, this Court further finds it relevant to take note of the judgment of the Supreme Court in the case of Jagpal Singh and Others vs. State of Punjab and Others, reported in (2011) 11 SCC 396 wherein there is an injunction to the effect that there should not be any settlement granted in respect to VGR lands. Under such circumstances, the question of issuance of any direction upon the respondent authorities to grant settlement over the lands which fall within Dag No.89, cattle reserve of Village No.1 Larkuchi under Paschim Barkhetri Mouza in the district of Nalbari does not arise. Be that as it may, this Court also takes due notice of the fact that the petitioners claim to be indigenous and affected by river erosion. It is also duly taken note of that the Assam Land Policy of 2019 permits granting of allotment and settlement of land to indigenous landless persons. 6. Under such circumstances, this Court though not inclined to pass any order as aforementioned as regards settlement, grants Page No.# 5/5 the liberty to the petitioners to file application(s) under the present Mission Basundhara-3.0 Scheme. In the event; the petitioners submit application(s), this Court further orders and directs the concerned authorities to consider such application(s) of the petitioners for allotment and then settlement within the purview of the Assam Land Policy of 2019. 7. With the above, the instant writ petition stands disposed of. JUDGE Comparing Assistant