Page No.# 1/3 GAHC010243972019 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/7487/2019 DILIP KUMAR SARMA AND ANR. S/O LT. MAHENDRA NATH SARMA, R/O B.S. ROAD, KALIBARI, PO AND P.O. KALIBARI, DIST. SONITPUR, ASSAM, PIN-784001 2: BHASKAR KUMAR SARMA S/O LT. MAHENDRA NATH SARMA R/O B.S. ROAD KALIBARI DIST. SONITPUR ASSAM PIN-78400 VERSUS THE STATE OF ASSAM AND 2 ORS. REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, REVENUE DEPTT. DISPUR, GUWAHATI-6 2:THE DEPUTY COMMISSIONER SONITPUR TEZPUR ASSAM PIN-784001 3:THE ADDITIONAL DEPUTY COMMISSIONER SONITPUR TEZPUR ASSAM PIN-78400 Advocate for the Petitioner : MR. Y S MANNAN, MS. N BARUAH,MS. M BHATTACHARYYA Advocate for the Respondent : GA, ASSAM, SC, REVENUE AND DISASTER MANAGEMENT DEPT Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE KARDAK ETE ORDER Date : 09-01-2026 Heard Mr. Y.S. Mannan, learned counsel for the petitioners. Also heard Mr. R. Borpujari, learned counsel appearing for the respondent No.1 and Mr. B.J. Talukdar, learned Additional Senior Government Advocate appearing for the respondents No. 2 and 3. 2. By filing this writ petition, the petitioners have prayed for a direction to the respondent authorities to settle the land under the occupation of the petitioners measuring 7 bighas 15 lechas under Dag No. 664, 665, 668 under PP No. 441/164/199 located at fourth Part, Tezpur Town, Mouza- Mahabhairab in the district of Sonitpur, Assam. 3. The petitioners are the sons of late Mahendra Nath Sarma and claims that the name of late Mahendra Nath Sarma was included in the revenue records as Chira Dakhali i.e. occupancy tenant pertaining to 2 bighas 1 katha 18 lechas in Dag No.664, 3 bigbas 02 Katha 17 lechas in Dag No. 665 and 1 bigha 1 katha in Dag No. 668 under periodic pata no. 441/164/199 located at fourth Part, Tezpur Town, Mouza Mahabhairab, District Sonitpur, Assam. 4. It is the case of the petitioners that they are the successors-in-interest of the said land and are entitled to the ownership in terms of the provision contained in Section 21 of the Assam (Temporarily Settled Areas) Tenancy Act, 1971 in short Act of 1971. 5. The petitioners claim to have submitted applications for settlement before the Deputy Commissioner, Sonitpur, Tezpur on 08.07.2016 , 05.04.2018 and 02.09.2019. However, the respondent authorities have not considered the case of the petitioners. 6. Mr. Y.S. Mannan, learned counsel for the petitioners submits that although initially the respondents have denied the tenancy right of the petitioners for settlement of the said land, subsequently, on the basis of the enquiry by the concerned officials, it is admitted that the petitioners are in occupation and possession of the subject land and the name of late Mahendra Nath Sarma, who was the father of the petitioners is clearly reflected in the Chitta and as such, Page No.# 3/3 there would not be any impediment for the respondent authorities to consider the case of the petitioner for settlement in terms of the Act of 1971. 7. Mr. R. Borpujari and Mr. B.J. Talukdar, learned counsel for the respondents fairly submit that in view of the enquiry caused and having found that the name of the father of the petitioner is being reflected in the Chitta, the authorities would consider the case of the petitioners in accordance with law. 8. Having considered that the petitioners are in occupation and possession of the subject land, who being the legal heirs or the successors-in-interest of late Mahendra Nath Sarma and as admitted by the learned counsel for the respondents that the name of the late father of the petitioners is being reflected in the Chitta record, I am of the considered view that the petitioners are deserved to be considered for settlement of the subject land in terms of the Act of 1971. 9. Thus, I deem it appropriate to direct the respondent authorities particularly, the District Commissioner, Sonitpur, Tezpur to consider the case of the petitioners by taking up the application for settlement on the subject land measuring 2 bigha 1 katha 18 lessas in Dag No. 664, 3 bighas 02 kathas 17 lessas in Dag No. 665 and 01 bigha 01 Katha in Dag No. 668 total of three dags 07 bighas 15 lessas all the dags are under P.P. No. 441/164/199 situated at 4th Part, Tezpur, Mouza- Mahabhairab, Dist- Sonitpur, Assam. Ordered accordingly. 10. The aforesaid exercise be completed within a period fo 3 (three) months from the date of receipt of the certified copy of this order. 11. With the above observation and direction, the writ petition stands disposed of. JUDGE Comparing Assistant