Page No.# 1/4 GAHC010048902023 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1326/2023 LOTIFA AHMED W/O- AKBAR ALI, VILL- KALGACHIA, P.O AND P.S- KALGACHIA, DIST- BARPETA, ASSAM VERSUS THE STATE OF ASSAM AND 3 ORS REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, REVENUE (SETTLEMENT) DEPARTMENT DISPUR, GUWAHATI- 781006. 2:THE DEPUTY COMMISSIONER BARPETA ASSAM PIN-781301 3:THE ADDL. DEPUTY COMMISSIONER BARPETA ASSAM PIN-781301 4:THE CIRCLE OFFICER KALGACHIA REVENUE CIRCLE KALGACHIA DIST- BARPETA ASSAM PIN-78131 Page No.# 2/4 Advocate for the Petitioner : MR. J AHMED, MR. R ISLAM,H G DAISY,R BEGUM,MS A HUSSAIN Advocate for the Respondent : SC, REVENUE, GA, ASSAM Page No.# 3/4 BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER Date : 31.07.2025 Heard Mr. J. Ahmed, learned counsel for the petitioner, also heard Mr. H. Sarma, learned Government Advocate, appearing for the State Respondents. 2. A perusal of the records would go to show that the petitioner in the Writ Petition have projected that she is a landless person and accordingly, had approached the respondent authorities praying for allotting to her a plot of land in terms of the Land Policy in Place, and not getting a response had approached this Court. 3. The petitioner in the present proceedings has prayed for a direction upon the respondent authorities to consider her case for allotment of a plot of land by projecting that she is a landless person. The petitioner had also challenged a notice dated 28.11.2022, by which she was required to vacate the government land illegally occupied by her infront of Kalgachia Primary Health Centre. 4. The projection in the Writ Petition being to the effect that the petitioner belongs to a family not having any land, this Court had proceeded to issue notices in the matter. 5. However, Mr. H. Sarma, learned Government Advocate appearing for the jurisdictional Deputy Commissioner, has on instruction submitted that the petitioners husband, Akbar Ali Molla is running a shop on government land and further that the family of the petitioner has 5 bigha 2 katha and 10 lecha of land recorded in their name under Kalgachia Revenue Circle. However, in the writ petition no disclosure to the said effect came to be made. 6. In view of the above position, Mr. J. Ahmed, learned counsel for the petitioner is not in a position to dispute the said submissions made by Mr. H. Sarma, learned Page No.# 4/4 Government Advocate. 7. In view of the said position, emanating in the matter, Mr. J. Ahmed, learned counsel for the petitioner prays that he be permitted to withdraw the present Writ Petition. 8. Admittedly in the present Writ Petition, the petitioner has not disclosed the fact that her family has possession of 5 bigha 2 katha and 10 lecha of land under Kalgachia Revenue Circle and accordingly, has misrepresented before this Court in the matter by projecting that she is a person who has no land allotted in her name. 9. In view of the above, while accepting the prayer of the learned counsel for the petitioner to withdraw the present Writ Petition, this Court imposes a cost of Rs.5000/-(Rupees Five Thousand Only) upon the petitioner for the misrepresentation, so committed. The said amount would be deposited in the Registry of this Court within 15(Fifteen) days from today. 10. The Registry on receipt of the said amount shall forward the same to the Gauhati High Court Bar Association, for use in its developmental activities. 11. With the above observations and directions, the present Writ Petition stands dismissed on withdrawal. 12. The instructions dated 01.07.2025, furnished by Mr. H. Sarma, learned Government Advocate, is kept on record and marked as ‘X’ for the purpose of identification. JUDGE Comparing Assistant