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2025 DAILYLAW 24926 (GAU)

ABDUS SOBUR MONDAL AND 4 ORS. v. THE STATE OF ASSAM AND 3 ORS.

WP(C)/6464/2025 · 2025-11-16

Manish Choudhury

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No. 1/4 GAHC010248062025 2025:GAU-AS:15526 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6464/2025 ABDUS SOBUR MONDAL AND 4 ORS. S/O- ABDUS SAMAD MONDAL, R/O VILL- KAMARDIHI PART-I, P.O.- TILAPARA, P.S.- CHAPAR, REVENUE CIRCLE- CHAPAR, DIST- DHUBRI, ASSAM, PIN-783348 2: JOHIRUL ISLAM S/O- ABDUS SAMAD MONDAL R/O VILL- KAMARDIHI PART-I P.O.- TILAPARA P.S.- CHAPAR REVENUE CIRCLE- CHAPAR DIST- DHUBRI ASSAM PIN-783348 3: ASHAD ALI S/O- MOKBUL HOSEN R/O VILL- KAMARDIHI PART-I P.O.- TILAPARA P.S.- CHAPAR REVENUE CIRCLE- CHAPAR DIST- DHUBRI ASSAM PIN-783348 4: AKBAR ALI S/O- MOKBUL HOSEN R/O VILL- KAMARDIHI PART-I P.O.- TILAPARA P.S.- CHAPAR REVENUE CIRCLE- CHAPAR DIST- DHUBRI ASSAM PIN-783348 Page No. 2/4 5: ABBAS ALI S/O- MOKBUL HOSEN R/O VILL- KAMARDIHI PART-I P.O.- TILAPARA P.S.- CHAPAR REVENUE CIRCLE- CHAPAR DIST- DHUBRI ASSAM PIN-78334 VERSUS THE STATE OF ASSAM AND 3 ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, REVENUE AND DISASTER MANAGEMENT DEPARTMENT, DISPUR, GUWAHATI- 06 2:THE DISTRICT COMMISSIONER OF DHUBRI DISTRICT AT DHUBRI P.O. AND DIST- DHUBRI PIN-783301 3:THE CIRCLE OFFICER CHAPAR REVENUE CIRCLE P.O.- CHAPAR DIST- DHUBRI ASSAM PIN-783371 4:THE COMMISSIONER OF BILASIPARA CO-DISTRICT P.O.- BILASIPARA DIST- DHUBRI ASSAM PIN-78334 Advocate for the Petitioner : MR. M A SHEIKH, MR. W A SHEIKH,MS. A BEGUM Advocate for the Respondent : SC, REVENUE AND DISASTER MANAGEMENT DEPT, GA, ASSAM Page No. 3/4 BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER Date : 17.11.2025 Heard Mr. M.A. Sheikh, learned counsel for the petitioners; Ms. G. Hazarika, learned Standing Counsel, Revenue and Disaster Management Department for the respondent no. 1; and Ms. M. Barman, learned Junior Government Advocate, Assam for the respondent nos. 2, 3 & 4. 2. The petitioners, 4 [four] in nos., have asserted that they have acquired the right to claim settlement in respect parcels of Government Khas land, measuring about 7 Bighas out of 28 Bighas, covered by Dag no. 61 at Revenue Village – Kamardihi Part-1, Chapar Revenue Circle, Bilasipara, District – Dhubri, Assam by way of long occupation of the said parcels of land by the families of the petitioners. This writ petition is preferred on the ground that their applications submitted for settlement of the said parcels of land on 04.10.2025 before the respondent no. 2 have not yet been disposed of. 3. Ms. Barman, learned Junior Government Advocate, Assam appearing for the respondent nos. 2 – 4 has submitted that the procedure of settlement of Government Khas land and ceiling surplus land in favour of eligible applicants has been provided in a Notification dated 11.11.2022 issued by the Revenue and Disaster Management Department, Government of Assam. Ms. Barman has further submitted that the application along with the required particulars/documents are to be submitted online as the matter has been notified as a notified public service under the provisions of Assam Right to Public Services Act, 2012. 4. Mr. Sheikh, learned counsel for the petitioner has submitted that he has gone through the procedure laid down in the Notification dated 11.11.2024 and has submitted that the petitioners would submit an application online supported by the supporting documents like Touzi Bahira receipt/Bedakhali Jarimana paid receipt, if any, as per the procedure laid down in the Notification dated 11.11.2024 as according to him, the petitioners satisfy the eligibility Page No. 4/4 criteria laid down therein. 5. In view of the above submissions made by the learned counsel for the parties, this writ petition is not entertained at this stage, as the petitioners are going to submit applications for settlement of Government Khas land as per the procedure laid down in the Notification dated 11.11.2024 before the competent authority. It is observed that in the event the petitioners submit individual applications as per the Notification dated 11.11.2024, the same shall be considered and disposed of as per the extent procedure and in accordance with law within the stipulated time limit, laid down therein. 6. This order disposes of the writ petition. JUDGE Comparing Assistant