Page No.# 1/5 GAHC010130032020 2026:GAU-AS:266 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3758/2020 DHANIRAM BORO AND ANR. S/O- LT. PUHARAM BORO, R/O VILL.- BETKUCHI, P.S.- GORCHUK, MOUZA- BELTOLA, DIST.- KAMRUP (M), ASSAM, PIN- 781040, PH. NO. 9707098043. 2: SMT. AMBIKA CHETRY W/O- SRI DHANIRAM BORO R/O- BETKUCHI P.S.- GORCHUK PIN- 781040 MOUZA- BELTOLA DIST.- KAMRUP (M) ASSAM VERSUS THE STATE OF ASSAM AND 3 ORS. REP. BY THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM, REVENUE DEPTT., SACHIBALAYA, DISPUR, GUWAHATI- 781006, DIST.- KAMRUP (M), ASSAM. 2:THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM REVENUE DEPTT. SACHIBALAYA DISPUR GUWAHATI- 781006 DIST.- KAMRUP (M) ASSAM. 3:THE DY. COMMISSIONER KAMRUP (M) GUWAHATI PIN- 781001. Page No.# 2/5 4:THE CIRCLE OFFICER DISPUR REVENUE CIRCLE BASISTHA CHARIALI DIST.- KAMRUP (M) ASSAM Advocate for the Petitioner : MR. B BORAH, MR. S. DEY,MR. N GOSWAMI,MR P DEKA Advocate for the Respondent : SC, REVENUE, GA, ASSAM BEFORE HONOURABLE MR. JUSTICE KARDAK ETE ORDER Date : 08.01.2026 Heard Mr. S. Dey, learned counsel for the petitioners. Also heard Mr. A. Bhattacharjee, learned Standing Counsel, Revenue Department for respondent Nos. 1 & 2, and Mr. H. Sarma, learned State Counsel for respondent Nos. 3 & 4. 2. Challenge made in this writ petition is to the notice for eviction dated 28.07.2020, issued by the Circle Officer, Dispur Revenue Circle, Dispur, whereby the petitioner No. 1 has been directed to vacate the sarkari land being Sarkari Dag No. 524 of Village Betkuchi under Mouza Beltola, failing which eviction shall be carried out as per the rules of Assam Land Revenue Regulation. 3. The petitioners claim that they have been in occupation and possession of the land measuring 1 Katha 5 Lecha covered by Sarkari Dag No. 299 (old)/524 (new) of Revenue Village Betkuchi under Mouza Beltola within the jurisdiction of Dispur Revenue Circle, Kamrup(M), Guwahati, since October 2000. It is stated that the petitioners, being business persons by profession, are running shops on Page No.# 3/5 the said land. 4. It is the contention of the petitioners that since the petitioners are in the continuous possession of the land in question for last 2 (two) decades, they have applied for holding number, pursuant to which the Guwahati Municipal Corporation issued a Holding Certificate in favour of the petitioner No. 2 vide Certificate No. G.A.S./L2/10/19-20 and Holding No. 06-11-12307540 under Ward No. 6 and the petitioner No. 2 has been regularly paying the required municipal tax to the Guwahati Municipal Corporation. It is further contended that the petitioner No. 2 along with her adjacent landholders had also applied for settlement of their respective lands on 30.12.2019 before the appropriate authority. 5. Mr. S. Dey, learned counsel for the petitioners, submits that the respondent authorities, particularly the Circle Officer, Dispur Revenue Circle, before consideration of the application for settlement of the said land in favour of the petitioner No. 2, have illegally issued the impugned notice for eviction. He submits that the concerned officials having been visited the area and made enquiry, the petitioner were under the impression that their case for settlement of the land in question would be considered. However, without following the due process of law and in violation of the provisions of the Land Policy, 2019 and the Assam Land Revenue Regulation, the impugned eviction order has been issued. Therefore, he prays that the respondent authorities may be directed to consider the case of the petitioner No. 2 for settlement of the land in question. 6. Mr. A. Bhattacharjee, learned Standing Counsel, Revenue Department, and Page No.# 4/5 Mr. H. Sarma, learned State Counsel, appearing for the respondents, fairly submit that since the application for settlement of the land in question is pending consideration before the appropriate authority, it would be appropriate if this Court directs the concerned authority to consider and dispose of the application of the petitioner No. 2 in accordance with law. 7. Having considered the submissions of learned counsel for the parties and upon consideration of the materials on record, it transpires that, although the petitioners claim to be in occupation of the land in question for about 2 (two) decades, they admittedly do not possess any valid document of right, title or interest over the land. It appears that the application for settlement under the relevant land policy of the State is yet to be considered. Until and unless the settlement is made in favour of the petitioner No. 2, the petitioners cannot claim any right over the land in question. At the same time, it would be incumbent upon the respondent authorities to consider the grievance of the petitioners for settlement in accordance with the applicable land policy and Regulations. 8. In view of above, this Court deems it appropriate to dispose of this writ petition with a direction to the respondent authorities to consider and dispose of the application for settlement of the land measuring 1 Katha 5 Lecha covered by Sarkari Dag No. 299 (old)/524 (new) of Revenue Village Betkuchi under Mouza Beltola strictly in accordance with law. 9. Accordingly, the petitioners shall submit a fresh application, along with all the relevant documents, for settlement of the said land within a period of 20 (twenty) days from today and the respondent authorities shall consider and dispose of the same within a period of 3 (three) months thereafter. Page No.# 5/5 10. Till consideration and disposal of the application of the petitioners, the impugned notice for eviction dated 28.07.2020, issued by the learned Circle Officer, Dispur Revenue Circle, Dispur, shall not be given effect to. 11. Writ petition stands disposed of. JUDGE Comparing Assistant