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2026 DAILYLAW 2216 (GAU)

SAMEL PROJA v. THE STATE OF ASSAM AND 2 ORS.

WP(C)/2255/2018 · 2026-02-17

Arun Dev Choudhury

Writ Petition (Civil)body2026

Judgment text

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Page No.# 1/3 GAHC010063662018 2026:GAU-AS:2365 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2255/2018 SAMEL PROJA S/O KUSH PROJA R/O SUKANSUTI, BORGANG DIST. BISWANNATH, ASSAM VERSUS THE STATE OF ASSAM AND 2 ORS. REP. BY THE CHIEF SECRETARY GOVT. OF ASSAM, ASSAM SECRETARIAT, DISPUR, GUWAHTI-781006. 2:THE DEPUTY COMMISSIONER BISWANATH BISWANATH CHARIALI ASSAM- 784176. 3:THE CIRCLE OFFICER BISWANATH REVENUE CIRCLE BISWANATH CHARIALI ASSAM PIN - 784176 Advocate for the Petitioner : MS. D GHOSH, MS. N DEKA Advocate for the Respondent : GA, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY ORDER 18.02.2026 1. Heard Ms. D. Ghosh, learned counsel for the petitioner. Also heard Mr. H. Sharma, learned Government Advocate, Assam representing the State respondents. This Court has also sought for assistance from Mr. R. Borpujari, learned Standing Counsel for the Revenue Department and accordingly, he has assisted this Court. 2. The petitioner alleges that on 22.02.2018, a team led by the officials from Biswanath Revenue Circle entered into the land which the petitioner is in possession; demolished the house over a plot of land under Ketala Grant No. 184/329 at Borgang Sukansuti village. 3. It is his claim that the land in question has been under his possession over 45 years and the land revenue has been paid with respect to the said land on regular basis. 4. It is his allegation that such attempted eviction did not proceed as per law and without there being any notice or opportunity of hearing. 5. The respondents has taken a stand that the petitioner is occupying land under government grant and the land revenue paid is not land revenue but “bedokholi khajana” which cannot be upgraded to the status of payment of land revenue. 6. This Court under its order dated 28.05.2018, as an interim measure, protected the possession of the petitioner. 7. This writ petition was referred to Mediation in terms of Special Mediation Drive- Page No.# 3/3 Mediation ‘For the Nation’ under its order dated 16.07.2025. 8. The report on Mediation is also available on record. 9. From the Mediation report, what is seen is that the petitioner in the meantime, filed an application for settlement of the subject land under Mission Basundhara 2.0 and the said application was approved by the Sub Divisional Land Advisory Committee, Biswanath in its meeting held on 03.09.2025 and subsequently notice was issued for premium payment in favour of the petitioner. 10. The report further reveals that after receipt of such notice for payment of premium, the amount has also been paid through RTGS on 16.12.2025 and accordingly, the patta for the said plot of land will be issued to the applicant in due course of time. 11. Accordingly, the dispute was settled and such settlement was signed by the District Commissioner, Biswanath, the Circle Officer of Biswanath Revenue Circle and the petitioner. 12. In view of the aforesaid, this Court is of the opinion that no further adjudication is required in this present writ petition. 13. Accordingly, same stands closed. JUDGE Comparing Assistant