Page No.# 1/19 GAHC010145012026 2026:GAU-AS:11203 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3881/2026 SURATAN BIBI AND ORS C/O ABDUL BARREK 2: SUR BHANU C/O ABDUL BAREK 3: SHAHAJUDDIN C/O ABDUL GONI MONDAL 4: OMAR ALI C/O GONI MONDAL 5: AYMONA BIBI C/O BASIR UDDIN 6: ANNES ALI SHEIKH C/O BASIR UDDIN 7: NIZAM UDDIN C/O SAMSUL HOQUE 8: MOTIAR RAHMAN C/O HABIBAR RAHMAN 9: JAMAL MIAH C/O HAMED ALI 10: MAJIBAR MIAH C/O TOTA MIAH 11: JOYNAL ABEDIN MOLLAH C/O HABIBAR RAHMAN MOLLAH 12: SAHELA BIBI Page No.# 2/19 C/O JAHAR ALI 13: MOSTOFA MOLLAH C/O JOYNAL ABEDIN MOLLAH 14: AJIMA BIBI C/O MOTIAR RAHMAN 15: MARIYAM BIBI C/O TOTA MIAH 16: CHAYNA KHATUN C/O SHORIFUL ISLAM 17: MOZAMMEL MOLLAH C/O JOYNAL ABEDIN MOLLAH 18: ASITON NESSA C/O HANIF ALI 19: NAKJAN BIBI C/O JAMAL SHEIKH 20: AMIR ALI C/O ABDUL GONI MONDAL 21: OMAR ALI C/O ISMAIL HUSSAIN 22: TAHARBHANU C/O BARIK UDDIN 23: RABI CHAND ALI C/O ABU TALEB 24: CHAN MIAH C/O ABU TALEB 25: RABIYAL HAQUE C/O ALAHI SHEIKH 26: AHIR KHAN C/O NURU KHAN 27: SHAHIDA BIBI C/O ABDUL KADER 28: MOYNAL HOQUE Page No.# 3/19 C/O ABDUL ROKMAN ALI 29: A RAHMAN C/O SAIMUDDIN 30: MAFIJUL HOQUE C/O A RAHMAN 31: JOYNAL ABEDIN C/O ABDUL ROKMAN ALI 32: AKKEL ALI C/O AJGOR BEPARI 33: KOLIMUDDIN SK C/O ABDUL SALAM 34: REJIYA BEGUM C/O ABDUL BAREK 35: SHOMEJ UDDIN C/O AKBOR ALI 36: BADIYAT JAMAL C/O NUR MAHAMMAD 37: WAHED ALI C/O KHODA BAKSA 38: ASMAT ALI C/O AJGAR ALI 39: ALIMA KHATUN C/O SAHAJAN ALI 40: HAJARAT ALI C/O RANJAN ALI 41: ABDUL LATIF C/O NAYMUDDIN SHEIKH 42: CHAYNA BIBI C/O ASADUR RAHMAN 43: AJIBAR ALI C/O SAIM UDDIN 44: ZAIDA KHATUN Page No.# 4/19 C/O AJIBAR ALI 45: ABIDA KHATUN C/O AJBAR ALI 46: BILAT ALI C/O ABDUL SATTAR MUNSHI 47: SANOWAR HOSSAIN C/O ABDUL KHALEQUE SHEIKH 48: ABDUR ROUF C/O BILAT ALI 49: SOMER ALI C/O ASMAT ALI 50: SIRAJUL HOQUE C/O IBRAHIM ALI 51: SAHAJAHAN ALI C/O ABDUR RAHMAN SHEIKH 52: JAKIR HOSEN C/O AYNAL HOQUE 53: CHANDRA BHANU C/O HABIBAR ISLAM 54: SAPIYAL SHEIKH C/O HABIBULLAH SHEIKH 55: JELEMON BEWA C/O MOGRAB ALI SK 56: AFZAL HOSSAIN MONDAL C/O ABDUL GONI MONDAL 57: ANJUMA BEGUM C/O AFZAL HOSSAIN MONDAL 58: HAJRAT ALI C/O ABDUL HOQUE 59: JESMINA KHATUN C/O AMJAD ALI SHEIKH 60: LALCHAN ALI Page No.# 5/19 C/O SHAJAHAN ALI 61: AHAMMAD ALI C/O GONI MONDAL 62: HOSEN ALI C/O AHAMMAD ALI 63: NUR MOHAMMAD ALI C/O HABEJ UDDIN 64: MONIR ALI C/O SAMSER ALI 65: MOHMMAD OHAB ALI C/O SAMER ALI 66: FULMOTI KHATUN C/O MOHAMMAD ALI 67: CHAN MIAH C/O MARAGU HUSSEIN 68: HAMELA KHATUN C/O RANJAN ALI 69: ABDUL BATEN C/O SATTAR MUNSHI 70: REJJAK ALI C/O BILAT ALI 71: JAHANGIR ALOM C/O ABDUL HAKIM PRODHANI 72: ABDUL HAKIM PRODHANI C/O ANSER ALI 73: ALIYA KHATUN C/O TAJER ALI 74: TEZEL HOQUE C/O SURUT ZAMAL 75: MOFIDA KHATUN C/O FULCHAN ALI 76: OMILA KHATUN Page No.# 6/19 C/O FULBAR ALI 77: FATEMA BIBI C/O MOYNAL HOQUE MOLLAH 78: MOYNAL HOQUE MOLLAH C/O HABIBAR MOLLAH 79: ROHIZ UDDIN C/O TALEB ALI 80: SABED ALI C/O TOFER ALI 81: AJIDA BIBI C/O ANOWAR HOSEN 82: NUR ISLAM C/O MOHAMMAD ALI 83: ABDUL MOTIN SK C/O NUR ISLAM 84: SURUT ZAMAL C/O MOKBUL HOSSAIN 85: ADUL GOFUR C/O ABU TALEB 86: ALIM UDDIN C/O RUSTOM ALI 87: AFJALUR ROHMAN C/O ABDUL ROKMAN ALI 88: MEHERA BIBI C/O SABIKUL ALI 89: SAMINA PARVEEN C/O SAPIYAL SHEIKH 90: SAJIRAN BIBI C/O SAPIYAL SHEIKH 91: ABED ALI C/O TAFER ALI 92: OSMAN GONI Page No.# 7/19 C/O BAHADUR ALI 93: SURJYA KHATUN C/O CHANDU SHEIKH 94: FORIDA BIBI C/O AYNAL SHEIKH 95: KOMER ALI C/O TAFER ALI 96: SALEHA KHATUN C/O REJJAK ALI 97: ALI HAYDAR C/O AHAMMAD ALI 98: HAZRAT ALI C/O AHAMMAD ALI 99: RAFIKUL ISLAM C/O BILAT ALI 100: SABIA KHATUN C/O LT. ABDUL BAREK 101: SHOHIDUR RAHMAN MOLLAH C/O LT. NIYAM MOLLAH 102: KALAM ALI C/O ABDUR RAHMAN 103: NURJALAL HOQUE C/O SAHID ALI 104: MD SHAHID ALI C/O SHAMSHER ALI 105: SHAHABUDDIN ALI C/O RAMJAN ALI 106: MOMATAZ BEGUM C/O OMAR ALI 107: MAYURI BIBI C/O SOMER ALI 108: SABINA EASMIN Page No.# 8/19 C/O SANOWAR HUSSAIN 109: ABU HORAYRA MD ABDUR REZZAQUE C/O MD ROFIQUL ISLAM MOLLAH 110: SULTAN ALI C/O AFAJ UDDIN 111: SOFIKUL ISLAM C/O SAMAD ALI 112: AMINURL ISLAM C/O SAMAD ALI 113: ZAMAL HUSSAIN MONDAL C/O NIYAT ALI MONDAL 114: JALAL SK C/O CHERAMAT ALI 115: ELIAS MOLLAH C/O MD. SOYED ALI 116: RASHIDA BEGUM C/O HANIF ALI 117: NAYAN KHAN C/O RABI KHAN 118: SIRAJ UDDIN C/O KAMED ALI 119: JOMELA KHATUN C/O SOBUR UDDIN MOLLAH 120: MOMOTAJ KHATUN C/O HASEN ALI 121: HASEN ALI C/O SANJAB ALI 122: NUR ZAMAL SHEIKH C/O IMAN ALI 123: SAKINA KHATUN C/O AZIZUR RAHMAN 124: SIRAJ ALI Page No.# 9/19 C/O KORIM ALI SHEIKH 125: SURUT ZAMAL SHEIKH C/O JAHIR UDDIN 126: JAHIRON BEWA C/O ADOM ALI 127: ABDUS SABUR AHMED C/O ABDUS KUDDUS 128: ASIYA BEWA C/O NAUSHAD ALI 129: JAHIRUL ISLAM C/O HANIF ALI 130: SHAHAJAHAN ALI C/O ABDUR ROHIM 131: SONA ULLAH MOLLAH C/O KURPAN MOLLAH 132: SADDAM HUSSAIN C/O HANIF ALI 133: HANIF ALI C/O ABDUL JABBAR DEWYA 134: SAFIYAL RAHMAN C/O MOHAMMAD ALI 135: RESHMINA KHATUN C/O AZIBOR RAHMAN 136: SOLEMAN MOLLAH C/O SOYED ALI MOLLAH 137: SOBUR UDDIN C/O RAIJUDDIN SHEIKH 138: KALIM SHEIKH C/O KARIM ALI SHEIKH 139: SAJIRO BEWA C/O AFAJ ALI 140: AYMONA KHATUN Page No.# 10/19 C/O MOYNAL ALI 141: JOHIRUL ISLAM C/O ADOM ALI 142: FALIHA KHATUN BIBI C/O HASEM ALI 143: HAZRAT ALI C/O ABDUS SALAM MRO 144: ABDUL ALI C/O ASMOT ALI 145: SURMAN ALI C/O JOLIMUDDIN 146: RAHIMA KHATUN C/O JALIL MIAH 147: BODIAT ZAMAL C/O JAHIR UDDIN 148: JALIL MIAH C/O SIRAJ UDDIN 149: ASMOT ALI C/O SHUKUR ALI 150: RAHAN ALI C/O AFAJ UDDIN 151: SOMER ALI C/O TOHOR ALI 152: HABIBAR SK C/O RAHIJ UDDIN 153: JOBED ALI C/O RAIJUDDIN SHEIKH 154: JOYNAL ABEDIN C/O ABDUL GONI FOKIR 155: SHOHIDUR ALOM CHOUDHURY C/O EUSUF ALI BEPARI 156: SOFIQUL ISLAM CHOUDHURY Page No.# 11/19 C/O EUSUF ALI BEPARI 157: ACHAD ALI C/O CHAMEJ ALI 158: SHAJAHAN ALI C/O HAYDAR ALI 159: JAMILA BEWA C/O ASMOT ALI 160: SHOMTULLAH SHIEKH C/O HAPA SHEIKH 161: HASAN BOSIR C/O NUR MOHAMMAD SORKAR 162: ANORA KHATUN BIBI C/O AYNAL HOQUE 163: ROFIQUL ISLAM BEPARI C/O AIZAR BEPARI 164: AHIDA KHATUN C/O JAMAL ALI 165: IMAN ALI C/O ILIM UDDIN 166: MAJBAR RAHMAN SHEIKH C/O KADAM ALI 167: NURJAHAN BIBI C/O SHAHAJAHAN ALI 168: MOJIBAR RAHMAN C/O BAHAR ALI SHEIKH 169: REJIYA BIBI C/O MAJIBAR RAHMAN 170: SAHINUR KHATUN C/O MONOWAR ALI 171: SOFIUAR ALI C/O ASHAN ALI 172: JAHAR ALI SHEIKH Page No.# 12/19 C/O KORIM ALI SHEIKH 173: SOFIUL ISLAM C/O KASIM UDDIN 174: FAJAL HOQUE C/O SANJAB ALI 175: KOSIM UDDIN SHEIKH C/O ANSER ALI 176: ABU BOKKAR C/O KOSIM UDDIN SHEIKH 177: SOKINA KHATUN C/O SANOWAR HUSSAIN 178: NUR ABBACH KHAN C/O BAHADUR KHAN 179: SHAHAJAHAN ALI C/O SIRAMAT ALI 180: HAFIZUR RAHMAN C/O JOYNAL ABEDIN 181: RUPBHNUJ BIBI C/O AR KHOLIL 182: MOMINUR RAHMAN C/O MOSLEM UDDIN MOLLAH 183: HABIBUR RAHMAN MOLLAH C/O MOSLEM UDDIN MOLLAH 184: SURUT ZAMAL SHEIKH C/O JAHIR UDDIN 185: MOYNAL ALI C/O EMAN ALI 186: SOMER JALAL C/O SOBUR UDDIN 187: ABU ZAMAN AHMED C/O SHOWKET AI AHMED 188: SHAHAJAHAN ALI SHEIKH Page No.# 13/19 C/O KURAN ALI SHEIKH 189: BELLAL ALI C/O SHUKUR ALI 190: NASIMA BIBI C/O TOMSER ALI 191: NASER ALI SHEIKH C/O ABDUL HAMED 192: AMIRON C/O FOKURCHAN SHEIKH 193: SUPIYAR RAHMAN C/O IMAN ALI 194: HAFIZUR RAHMAN C/O NAZMUL HOQUE 195: ABIDA PARBIN C/O JOYNAL ABEDIN 196: JOYNAL ABEDIN C/O MESER ALI 197: JAHIRON BIBI C/O SHOMTULLAH SHEIKH 198: JAHANGIR ALOM C/O KOSIM UDDIN 199: MOKBUL SHEIKH C/O FAKIRCHAB SHEIKH 200: NAJRUL ISLAM C/O ABUL HOSEN 201: BAHAR ALI C/O MONIRUDDIN 202: ABDUL SATTAR ALI C/O ASTAB ALI 203: SOMER ALI C/O OSMAN GONI 204: ABDUR ROHIM Page No.# 14/19 C/O JOLIMUDDIN 205: ABDUL AWAL C/O GHUTU SHEIKH 206: JOHIRUL ISLAM C/O ADOM ALI 207: HABIBAR SHEIKH C/O SAMSUL HOQUE 208: CHAPAR ALI MONDAL C/O SALIM UDDIN MONDAL 209: AYUB HUSSAIN C/O ABDUL JOLIL SHEIKH 210: ROFIKUL ISLAM C/O SAMAD ALI 211: AYUB ALI SHEIKH C/O SAWKAT ALI SHEIKH 212: ARIFA SULTANA AHMED W/O- JAHANGIR ALOM 213: RUKSANA YESMIN D/O- SOLEMAN HOSSEIN 214: AYNAL HOQUE C/O- SOKER ALI 215: HAKIM ALI C/O- MOKTEL ALI 216: RABULLA SHEIKH C/O- IMAN ALI 217: MOINUDDIN MOLAH C/O- PASAN ALI THE PETITIONERS ARE ALL R/O ALOMGANJ PART IX GAURIPUR REVENUE CIRCLE P.O.- ALOMGANJ P.S.-GAURIPUR DIST.-DHUBRI Page No.# 15/19 ASSAM PIN-78333 VERSUS THE STATE OF ASSAM AND ORS REPRESENTED BY THE PRINCIPAL SECY. TO THE GOVT. OF ASSAM, REVENUE AND DISASTER MANAGEMENT DEPTT., ASSAM SECRETARIAT, DISPUR, GUWAHATI-06, ASSAM. 2:THE DISTRICT COMMISSIONER DHUBRI ASSAM. 3:THE CIRCLE OFFICER DHUBRI REVENUE CIRCLE DHUBRI ASSAM Advocate for the Petitioner : MR. U S BORA, MR S BORTHAKUR, SR. ADV. Advocate for the Respondent : SC, REVENUE, GA, ASSAM BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER 05.08.2026 Heard Mr. U.S. Bora, learned counsel for the petitioners; Mr. A. Bhattacharya, learned Standing Counsel, Revenue Department for the respondent no. 1; and Mr. N. Das, learned Junior Government Advocate, Assam for the respondent nos. 2 & 3. 2. The petitioners, 216 in nos., have joined together to institute the instant writ petition under Article 226 of the Constitution of India stating that they have a common cause of action. 3. The petitioners have stated that they are inhabitants of Village – Alomganj Part-IX, Gauripur Revenue Circle, District – Dhubri. It is stated that the petitioners belong to Page No.# 16/19 indigenous landless families and the families of the petitioners have been residing in a parcel of Government Khas land at Village – Alomganj Part-IX since several decades. It is stated that the family of each of the petitioners is in occupation of small area of land prior to 28.06.2001. Having continuous and uninterrupted possession of those plots of land, they had constructed their residential houses over the areas of land under their occupation. 4. It is stated that though the petitioners had approached the respondent authorities for settlement of the areas of land, which are under their occupation, in their favour, no action was taken by the respondent authorities despite such approaches. When Mission Basundhara 2.0 Scheme was notified by the State Government, the petitioners had decided to file applications for the notified public service, ‘Settlement of Khas & Ceiling Surplus Land’ for settlement of the areas of land, which are under their long and uninterrupted occupation, on the basis of historical records. The petitioners have further stated that after submission of the applications, the petitioners waited for due consideration on their applications. When the petitioners tracked the status of their applications in the designated citizen platform/portal, ‘Sewa Setu’, they came to learn that their applications were rejected by different orders during various months in 2025. Copies of some of the rejection orders have been annexed by the petitioners as Annexure-III to the writ petition. 5. The petitioners have stated that aggrieved by rejection of their applications in such manner by the designated public servant, they had preferred representations before the respondent no. 2 on 09.09.2025 with a request to review and re-consider the rejection orders passed in respect of their applications submitted for ‘Settlement of Khas & Ceiling Surplus Land’ under Mission Basundhara 2.0 Scheme which, according to the petitioners, were non- speaking orders. According to the petitioners, the representations were duly received by the office of the respondent no. 2. 6. The petitioners have preferred the present writ petition seeking inter alia a direction to the respondent authorities to set aside and quash the rejection orders passed by the respondent authorities and also, for a direction to the respondent no. 2 to review and re- consider the petitioners’ applications, on the basis of the representations submitted for Page No.# 17/19 ‘Settlement of Khas & Ceiling Surplus Land’ under the Mission Basundhara 2.0 Scheme, afresh in accordance with the Settlement Rules and the Land Policy, 2019. 7. In response, Mr. Bhattacharya, learned Standing Counsel, Revenue Department and Mr. Das, learned Junior Government Advocate, Assam appearing for the State respondents have submitted that as per a Notification dated 11.11.2022 issued by the Revenue and Disaster Management Department, Government of Assam under Section 4 of the Assam Right to Public Services [ARTPS] Act, 2012, for the notified public service, ‘Settlement of Khas & Ceiling Surplus Land’, the Designated Public Servant is the District Commissioner. As per the Citizen Charter annexed to the said Notification, the Commissioner and Secretary to the Government of Assam, Revenue and Disaster Management Department is the 1st Appellate Authority for the notified public service, ‘Settlement of Khas & Ceiling Surplus Land’. They have submitted that the respondent no. 2 does not have the authority and jurisdiction either to review his rejection orders or to re-consider the rejection order on the basis of the representations, stated to have been filed by the petitioners before him on 09.09.2025. Therefore, the direction sought for by the petitioners in this writ petition for such review and re-consideration by the respondent no. 2 is not called for. In support of their submissions, a copy of the Notification dated 11.11.2022 of the Revenue & Disaster Management Department, Government of Assam is placed before the Court. 8. By the Notification dated 11.11.2022 issued by the Revenue and Disaster Management Department, Government of Assam, ‘Settlement of Khas & Ceiling Surplus Land’ has been notified as a public service under the Assam Right to Public Services [ARTPS] Act, 2012. It is mentioned that the Government Khas & Ceiling Surplus Land in occupation of indigenous landless people can be settled in accordance with the Land Policy, 2019, Section 1 [sub- section (1.1 to 1.10)], Section 3 [sub-section (3.1 to 3.4)]. The settlement of Khas and Ceiling Surplus land is carried out by Circle Officers with the approval from the District Commissioner, the SDLAC & the Revenue and Disaster Management Department [in case of Urban area land]. 9. As per the Citizen Charter annexed to the said Notification, the Designated Public Page No.# 18/19 Servant is the District Commissioner and 1st Appellate Authority under Section 8[1] of the ARTPS Act is the Commissioner & Secretary to the Government of Assam, Revenue and Disaster Management Department. 10. As it is found out that the District Commissioner, Dhubri is not the 1st Appellate Authority under Section 8[1] of the ARTPS Act to entertain an appeal for the notified public service, ‘Settlement of Khas & Ceiling Surplus Land’, a direction to the said authority to review the rejection orders or to re-consider the applications, stated to have been made through the representations submitted by the petitioners before him on 09.09.2025, is not called for. The provisions of the ARTPS Act is silent as regards availability of any power in the Designated Public servant to review and/or re-consider his own order. 11. The petitioners have canvassed that they have all the eligibility to be extended the notified public service, ‘Settlement of Khas & Ceiling Surplus Land’. According to them, they are in possession of the concerned parcel of land since the time of their predecessors-in- interest for a number of decades and, more particularly, from a date prior to 28.06.2001, which is the relevant date under Mission Basundhara 2.0 Scheme. The learned counsel appearing for the petitioners has submitted that in such situation, the petitioners may be permitted to seek recourse to the remedy of filing appeals under Section 8[1] of the ARTPS Act. In the wake of such submission, this Court is of the view that if the petitioners want delivery of the notified public service, ‘Settlement of Khas & Ceiling Surplus Land’ and are aggrieved by the rejection orders, which they have termed as non-speaking orders, the petitioners can prefer appeals before the 1st Appellate Authority notified under Section 8[1] of the ARTPS Act, that is, the Commissioner & Secretary to the Government of Assam, Revenue & Disaster Management Department with utmost expedition with a request to condone the period of delay that has occurred in the meantime from the date of rejection of their applications. As per the proviso to sub-section [1] of Section 8 of the ARTPS Act, 1st Appellate Authority can admit an appeal after expiry of the period of limitation of filing an appeal if he is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. Therefore, the petitioners while filing the appeal before the 1st Appellate Authority shall also Page No.# 19/19 file an application for condonation of the period of delay that has occurred showing sufficient cause. 12. In the above fact situation obtaining in the case, the writ petition is disposed of with observations that if the petitioners file appeal[s] with application[s] for condonation of delay, against the rejection order[s] passed in respect of the application[s] seeking delivery of the notified public service, ‘Settlement of Khas & Ceiling Surplus Land’, the 1st Appellate Authority shall consider the application[s] for condonation of the period of delay first examining whether there is sufficient cause to condone the delay and depending on the outcome therein, shall proceed thereafter, to consider the appeal[s] on its own merits and in accordance with law. JUDGE Comparing Assistant