Page No.# 1/7 GAHC010062172018 2025:GAU-AS:6667 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/7865/2018 KALIPADA BAROI AND 15 ORS. S/O. LT. SURENDRA BAROI, R/O. BISHNUPUR, KASHINAGAR, NEAR HANUMAN MANDIR, GUWAHATI-16, P.S. BHARALUMUKH, DIST. KAMRUP (M), ASSAM. 2: RONEN KARMAKAR S/O. LT. MANGAL KARMAKAR R/O. BISHNUPUR KASHINAGAR NEAR HANUMAN MANDIR GUWAHATI-16 P.S. BHARALUMUKH DIST. KAMRUP (M) ASSAM. 3: ANANTA BAROI S/O. LT. KARTIK BAROI R/O. BISHNUPUR KASHINAGAR NEAR HANUMAN MANDIR GUWAHATI-16 P.S. BHARALUMUKH DIST. KAMRUP (M) ASSAM. 4: SUNIL BAROI S/O. LT. RASHMOHAN BAROI R/O. BISHNUPUR KASHINAGAR NEAR HANUMAN MANDIR GUWAHATI-16 P.S. BHARALUMUKH Page No.# 2/7 DIST. KAMRUP (M) ASSAM. 5: SMT. PRATIMA SAHA S/O. LT. PROMOD SAHA R/O. BISHNUPUR KASHINAGAR NEAR HANUMAN MANDIR GUWAHATI-16 P.S. BHARALUMUKH DIST. KAMRUP (M) ASSAM. 6: BHOLA SARKAR S/O. LT. SACHIN SARKAR R/O. BISHNUPUR KASHINAGAR NEAR HANUMAN MANDIR GUWAHATI-16 P.S. BHARALUMUKH DIST. KAMRUP (M) ASSAM. 7: RATAN DEY S/O. LT. GIRINDRA DEY R/O. BISHNUPUR KASHINAGAR NEAR HANUMAN MANDIR GUWAHATI-16 P.S. BHARALUMUKH DIST. KAMRUP (M) ASSAM. 8: SWAPAN MITRA S/O. LT. DINOBONDHU MITRA R/O. BISHNUPUR KASHINAGAR NEAR HANUMAN MANDIR GUWAHATI-16 P.S. BHARALUMUKH DIST. KAMRUP (M) ASSAM. 9: SMT. MEENA PODDER Page No.# 3/7 W/O. BINOD PODDER R/O. BISHNUPUR KASHINAGAR NEAR HANUMAN MANDIR GUWAHATI-16 P.S. BHARALUMUKH DIST. KAMRUP (M) ASSAM. 10: RAJU ROY S/O. LT. RATAN ROY R/O. BISHNUPUR KASHINAGAR NEAR HANUMAN MANDIR GUWAHATI-16 P.S. BHARALUMUKH DIST. KAMRUP (M) ASSAM. 11: SHIWNARAYAN PRASAD S/O. LT. SUKAN PRASAD R/O. BISHNUPUR KASHINAGAR NEAR HANUMAN MANDIR GUWAHATI-16 P.S. BHARALUMUKH DIST. KAMRUP (M) ASSAM. 12: SRI HAREKRISHNA SARKAR S/O. LT. HARENDRA SARKAR R/O. BISHNUPUR KASHINAGAR NEAR HANUMAN MANDIR GUWAHATI-16 P.S. BHARALUMUKH DIST. KAMRUP (M) ASSAM. 13: SHIVRAM CHOWDHURY S/O. LT. PARMEWAR CHOWDHURY R/O. BISHNUPUR KASHINAGAR NEAR HANUMAN MANDIR Page No.# 4/7 GUWAHATI-16 P.S. BHARALUMUKH DIST. KAMRUP (M) ASSAM. 14: SMT. RAM SUMARI DEVI W/O. SRI NIRANJAN SAH R/O. BISHNUPUR KASHINAGAR NEAR HANUMAN MANDIR GUWAHATI-16 P.S. BHARALUMUKH DIST. KAMRUP (M) ASSAM. 15: NIRMAL DEB S/O. LT. NARENDRA DEB R/O. BISHNUPUR KASHINAGAR NEAR HANUMAN MANDIR GUWAHATI-16 P.S. BHARALUMUKH DIST. KAMRUP (M) ASSAM. 16: SMT. PUNITA CHOUDHURY W/O. LT. GAYA PRASAD CHOUDHURY R/O. BISHNUPUR KASHINAGAR NEAR HANUMAN MANDIR GUWAHATI-16 P.S. BHARALUMUKH DIST. KAMRUP (M) ASSAM VERSUS THE STATE OF ASSAM AND 5 ORS. REP. BY THE PRINCIPAL SECY. TO THE GOVT. OF ASSAM, RENENUE AND DISASTER MANAGEMENT DEPTT., SACHIVALAYA, DISPUR, GUWAHATI- 06. 2:THE DY. COMMISSIONER DIST. KAMRUP (M) Page No.# 5/7 GHY.-01 ASSAM. 3:THE ADDL. DEPUTY COMMISSIONER DIST. KAMRUP (M) GHY.-01 ASSAM. 4:THE CIRCLE OFFICER GUWAHATI SADAR CIRCLE GHY.-01 DIST. KAMRUP (M) ASSAM. 5:THE PRESIDENT SHANKAR MISSION ARJYA NAGAR GUWAHATI-16. 6:THE SECRETARY SHANKAR MISSION ARJYA NAGAR GUWAHATI-16 Advocate for the Petitioner : MR S SARMA, MS. M ROY,MS. T ROY Advocate for the Respondent : GA, ASSAM, MS N BORDOLOI, SC REV.,SC, HIGHER EDU DEPTT. BEFORE THE HON’BLE MR JUSTICE ARUN DEV CHOUDHURY O R D E R 26.05.2025 1. Heard Mr. S Sarma, learned counsel for the petitioners. Also heard Ms. M Barman, learned counsel for the State respondent and Ms. P Mahanta, learned standing counsel for the Revenue Department. 2. The present writ petition is filed with the following prayers: “as to why a writ of nature of Mandamus/ and/ or any other appropriate writ, Page No.# 6/7 order or direction shall not be issued directing/ commanding the respondents Nos. 1 and 2 to issue patta in respect to the petitioner’s possessed land measuring about 4/5 Bighats, covered by dag No. 813(O) 183(N) of village Sahar Ulubari 3rd part (Kashinagar area at Bishnupur) under Ulubari Mouza, in the district of Kamrup (M), Assam after following due process of law.” 3. It is on record that a part of Government Dag No. 183(N)/813 (O) of Sahar Ulubari Part-III under Ulubari Mouza is reserved in the name of “Srimanta Shankar Mission” in the Chitha. The said entity was arrayed as respondent Nos. 5 and 6. Notices were issued to the said respondents, however they did not appear and subsequently notices were issued to them by substituted mode of paper publication and none has appeared for them. 4. The State respondent has filed an affidavit. The stand taken at paragraph 3 of the aforesaid affidavit, which is relevant for the determination of the present case, is quoted hereinbelow: “The writ petitioners by this writ petition have prayed for issuance of direction directing the respondents to issue patta in respect of the land possessed by the petitioners since 1966 measuring about 4/5 Bighas covered by Dag No. 813(O)/ 183(N) of village Sahar Ulubari, Part III under Ulubari Mouza in the district of Kamrup (M). The deponent begs to state that the field verification conducted in the year 2019, it is seen that the petitioners have been possessing a part of land measuring 45.44 Are of land of the Govt. Dag No. 183 of Sahar Ulubari Pt-III under Ulubari Mouza. It is also stated that in the remark column of the Chitha record of the said land has been recorded as “reserved in the name of Srimanta Shankar Mission.” In this respect, again, a field verification has been conducted recently by the concerned Lat Mondal and during the verification it is seen that more than 100 families along with the writ petitioners are encroaching the total land belonging to Govt. Dag No. 813(O)/183(N) of village Sahar Ulubari Part III under Ulubari Mouza by constructing tin-roofed tarja house, Assam Type house and RCC building. However, during field verification, no possession of Srimanta Shankar Page No.# 7/7 Mission is seen over the land of aforesaid Govt. Dag No. 183(N).” 5. Thus, from the aforesaid, it is clear that the State authority has acknowledged that more than 100 families along with the writ petitioners are encroaching lands belonging to the Government under Dag No. 183(N)/813(O) of Sahar Ulubari Part-III by constructing tin roofed tarja house, Assam type house and RCC building. It is also their contention that during field verification, no possession of Srimanta Shankar Mission is seen over the aforesaid Dag 183(N). It is also the contention of the petitioners that they applied for settlement of the land and filed applications, which are still pending for consideration. 6. In the aforesaid backdrop and as agreed to by the learned counsel for the parties, the present writ petition is disposed of with a direction to the respondent authorities to consider the claim of the petitioners for settlement of their land in term of the Land Policy, 2019 of the Government inasmuch as it is the claim of the petitioners that they are indigenous landless persons. Accordingly, the writ petition stands disposed of with the following directions: I. The petitioners shall file necessary application for settlement of their land as per extant norms and if necessary through the Bashundhara portal, within a period of 90 days from today. II. On such application being filed, the authority shall consider and decide the application expeditiously and not beyond the period of one year as proposed by the learned standing counsel for the Revenue Department. III. Such decision be intimated to the petitioners. JUDGE Comparing Assistant