Page No.# 1/4 GAHC010165782025 2026:GAU-AS:11855 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Cont.Cas(C)/397/2025 BABUL AHMED SODIOL S/O LATE SUNGUL MIA SODIOL, R/O NARAYANPUR PART-III, P.O- NARAYANPUR, P.S- HAILAKANDI, DIST- HAILAKANDI, ASSAM VERSUS HIVARE NISARG GAUTAM, IAS DISTRICT COMMISSIONER, HAILAKANDI, P.O., P.S. AND DIST- HAILAKANDI For the Petitioner(s) : Mr. R. Phukan, Advocate For the Respondent(s) : Ms. G. Hazarika, Standing Counsel BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 19.08.2026 Heard Mr. R. Phukan, the learned counsel appearing on behalf of the petitioner. 2. The present application has been filed by the petitioner Page No.# 2/4 alleging willful and deliberate violation of the order dated 06.12.2024 passed in WP(C) No. 6239/2023. 3. It is relevant to take note of that the learned Coordinate Bench vide order dated 06.12.2024 did not interfere with the order dated 19.09.2023 passed by the District Commissioner, Hailakandi on the ground that the petitioner did not fall under Explanation 2 of Clause 1.7 of the Assam Land Policy, 2019. However, while disposing of the said writ petition, the learned Coordinate Bench of this Court granted liberty to the petitioner to file a proper application before the competent authority for allotment of land for homestead in rural areas. It was further observed that if such an application is filed, the competent authority shall examine the matter in the light of Clause 3 of the Assam Land Policy, 2019 and dispose of the same by passing a Speaking Order and the petitioner shall be notified about the said Speaking Order. 4. The petitioner thereupon submitted an application on 13.12.2024 to the District Commissioner, Hailakandi along with a certified copy of the order dated 06.12.2024 passed in WP(C) No. 6239/2023. However, as no Speaking Order was passed or allotment granted, the present contempt application was filed. 5. This Court takes note of that the direction passed by the Page No.# 3/4 learned Coordinate Bench of this Court was to the effect that the petitioner was required to file a proper application before the competent authority. 6. In this regard, this Court enquired with Ms. G. Hazarika, the learned Standing Counsel for the Revenue and Disaster Management Department as to what constitutes a proper application. The learned Standing Counsel submitted that an application seeking allotment is required to be filed through the Sewa Setu portal and not by submitting a hard copy before the District Commissioner. 7. Taking into account the above, it is the opinion of this Court that the petitioner had not submitted the application in the proper manner and consequently, the question of non- compliance with the order dated 06.12.2024 passed in WP(C) No. 6239/2023 does not arise. Accordingly, the contempt proceedings stand dropped. 8. Be that as it may, this Court, however, observes that if the petitioner submits an application seeking allotment through the Sewa Setu portal, the competent authority shall duly consider the same in accordance with the Assam Land Policy, 2019, and more particularly, in the light of Clause 3 thereof. 9. The petitioner shall also enclose a copy of the order dated Page No.# 4/4 06.12.2024 passed in WP(C) No. 6239/2023 along with a copy of the present order with the application so submitted through the Sewa Setu portal. JUDGE Comparing Assistant