Page No.# 1/6 GAHC010035782022 2025:GAU-AS:10551 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1351/2022 BIKRAM SINGH SON OF LT. AMARDEEP SINGH R/O GAR-ALI, JORHAT IN THE DISTRICT OF JORHAT, ASSAM VERSUS THE STATE OF ASSAM AND 8 ORS REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, REVENUE AND DISASTER MANAGEMENT DEPARTMENT, DISPUR, GUWAHATI-781019, ASSAM 2:THE SECRETARY TO THE GOVT. OF ASSAM REVENUE (LR) DM DEPARTMENT DISPUR GUWAHATI-781006 ASSAM 3:COMMISSIONER AND SECRETARY GOVT. OF ASSAM MUNICIPAL ADMINISTRATION DEPARTMENT DISPUR GUWAHATI-06. 4:DIRECTOR MUNICIPAL ADMINISTRATION DEPARTMENT DISPUR GUWAHATI-06. 5:THE DEPUTY COMMISSIONER Page No.# 2/6 JORHAT OFFICE OF THE DEPUTY COMMISSIONER JORHAT ASSAM. 6:THE ADDITIONAL DEPUTY COMMISSIONER (REVENUE) JORHAT OFFICE OF THE DEPUTY COMMISSIONER JORHAT ASSAM 7:THE CIRCLE OFFICER JORHAT EAST REVENUE CIRCLE JORHAT ASSAM 8:THE JORHAT MUNICIPAL BOARD UNNAYAN BHABAN A.T. ROAD MALOW ALI JORHAT ASSAM- 785001 REP. BY ITS CHAIRMAN. 9:EXECUTIVE OFFICER JORHAT MUNICIPAL BOARD UNNAYAN BHABAN A.T. ROAD MALOW ALI JORHAT ASSAM-78500 Advocate for the Petitioner : MR G N SAHEWALLA, MS. S. TODI,MR. A CHETIA,MR D SENAPATI Advocate for the Respondent : GA, ASSAM, SC, J M B,SC, REVENUE Page No.# 3/6 BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY ORDER 11.08.2025 1. Heard Mr. G. N. Sahewalla, learned Senior Counsel assisted by Ms. K. Bhattacharjee, learned counsel for the petitioner. Also heard Mr. J. Handique, learned State counsel representing the respondent Nos. 3, 4, 5, 6 and 7, Ms. N. Bordoloi, learned Standing Counsel for the Revenue Department representing the respondent Nos. 1 and 2 and Mr. H. K. Sarmah, learned Standing Counsel for the Jorhat Municipal Board, representing the respondent Nos. 8 and 9. 2. The Deputy Commissioner cum Chairman of Sub Divisional Land Advisory Committee, Jorhat on 08.05.2015, recommended settlement of a plot of land measuring 8 Lechas covered by Sarkari Land, 2 No. Nagor Mahol Mouza No. 1 Block, Dag No. 4106 in favour of the petitioner. 3. It is the case of the petitioner that earlier the petitioners who were predecessor-in-interest of the present petitioner was possessing the aforesaid land and assailing a decision of the authority to evict them from the aforesaid land, they approached this Court by filing Civil Rule No. 4257/1998 and thereafter, this Court under its order dated 26.08.1998 directed not to evict the predecessor-in-interest of the petitioner without following due process of law. 4. Subsequently, challenging another move to evict them, a writ petition registered as WP(C) No. 6090/2003 was filed and this Court under its order dated 08.08.2003 passed a similar order directing not to evict the writ petitioners till a final decision on their application is made. Page No.# 4/6 5. Thereafter, the petitioner approached the Assam Board of Revenue by filing a case being Case No. 228 RA(J)/2005 with a prayer to issue a direction to the Deputy Commissioner, Jorhat for early disposal of the representation filed by the petitioner for settlement of land measuring 1 Katha 8 Lechas covered by Dag No. 3817(Old) 4106 (New) of Block 1, Jorhat Town. The Assam Board of Revenue under its order dated 21.12.2005, directed the Deputy Commissioner, Jorhat to do the needful as per law for settling the land in question in favour of the petitioner. 6. Thereafter, the Sub Divisional Land Advisory Committee, Jorhat under its minutes dated 08.05.2015 sent a proposal amongst other settlement of land in favour of the petitioner. 7. While the matter was pending at that stage, the respondent No. 8 i.e. Jorhat Municipal Board issued a notification dated 09.02.2022 declaring the land in possession of the petitioner as vending zone and accordingly, the present writ petition is filed. 8. It is the stand of the respondent/Jorhat Municipal Board that the subject land has not been mutated in favour of the petitioner though the proposal for allotment/settlement of the aforesaid land has been approved by the Sub Divisional Land Advisory Committee, but till date the subject land is still retains the name of Jorhat Municipal Board (Government Municipality Reserved Land). It is the further stand of the Municipal Board that an enquiry was made and the report was also furnished in this regard, which according to them, goes to show that the Dag No. 4106 of No. 1 Block, No. 2 Town Mouza under Jorhat East Revenue Circle is a government Dag measuring total 2 Bigha 1 katha 5 Lechas. According to them, the said government land is reserved land for road and Municipal Body as per land record/settlement/chitha record. According to them, at present the said government Dag is being used as a public road and a portion Page No.# 5/6 of the said Dag measuring 1 Katha 4.2 Lechas is being used as a public parking and it is their stand that the petitioner does not have any possession over the aforesaid Dag. According to them, being situated thus, and as government reserved land cannot be settled under the settlement rule, the Deputy Commissioner, Jorhat had already sent a proposal for rejection of the proposal made by the Sub Divisional Land Advisory Committee dated 08.05.2015 and same is at present pending consideration of the revenue authorities. 9. Ms. N. Bordoloi, learned Standing Counsel for the Revenue Department submits that, it is now the revenue department to take a final call on the proposal earlier sent by the Sub Divisional Land Advisory Committee in favour of the petitioner and the request sent by the Deputy Commissioner, Jorhat together. The revenue authority shall take a final call on both the proposals as per the extant norms, law, Settlement Rules and Land Policy. 10. Mr. Sahewalla, learned Senior Counsel for the petitioner in his usual fairness also submits that ultimately it is the revenue authority who is to finally take a decision and determine on the proposal made by the Sub Divisional Land Advisory Committee as well as made by the Deputy Commissioner. 11. This Court is also of the opinion that the settlement is to be made in conformity with the Settlement Rules, framed under the Assam Land and Revenue Regulations as well as the extant procedure prescribed under land policy of the government. It is the State in Revenue Department, who is the competent authority to take such a decision and therefore, it is of the opinion of the Court that this writ petition is required to be disposed of relegating the parties to the Revenue Department. 12. Accordingly, this writ petition stands disposed of directing the competent authority in the Revenue Department to take note of the proposal made in favour Page No.# 6/6 of the petitioner dated 08.05.2015, by the Sub Divisional Land Advisory Committee and the request made by the Deputy Commissioner, Jorhat under its communication dated 05.02.2025 and take a final call within a period of three months from the date of furnishing a certified copy of this order by the petitioner or by the Jorhat Municipal Board before the competent authority. JUDGE Comparing Assistant