Page No. 1/4 GAHC010086332026 2026:GAU-AS:6988 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2425/2026 HANNAF ALI S/O- LATE MOFIL UDDIN ALIAS MOFIL UDDIN AHMED, R/O- VILL- BANIAPARA, BILASIPARA, W/NO.9, P.O.- HAKAMA, P.S.- BILASIPARA, DIST- DHUBRI, ASSAM, PIN- 783348 2: MOHIBUL AHMED . S/O- LATE MOFIL UDDIN ALIAS MOFIL UDDIN AHMED R/O- VILL- BANIAPARA BILASIPARA W/NO.9 P.O.- HAKAMA P.S.- BILASIPARA DIST- DHUBRI ASSAM PIN- 78334 VERSUS THE STATE OF ASSAM AND OTHRS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, REVENUE DISASTER MANAGEMENT DEPARTMENT, SETTLEMENT BRANCH, DISPUR, GUWAHATI-781006 2:THE DIRECTOR OF LAND ACQUISITION REQUISITION AND REFORMS ASSAM GUWAHATI-32 3:THE DISTRICT COMMISSIONER DISTRICT- DHUBRI ASSAM. PIN-783301 4:THE CIRCLE OFFICER BILASIPARA REVENUE CIRCLE DHUBRI Page No. 2/4 PIN- 78334 Advocate for the Petitioner : P BURAGOHAIN, MR S C DAS,MR. H DAS,D R BONGSHIARY Advocate for the Respondent : SC, REVENUE, GA, ASSAM BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER Date : 18.05.2026 Heard Mr. S.C. Das, learned counsel for the petitioners; Ms. N. Bordoloi, learned Standing Counsel, Revenue Department for the respondent nos. 1 & 2; and Mr. J. Handique, learned Junior Government Advocate, Assam for the respondent nos. 3 & 4. 2. The petitioners have approached this Court by the present writ petition stating that the petitioners being landless persons, have been in long, continuous, peaceful and uninterrupted possession of a parcel of land measuring 5 Bighas 1 Katha 11 Lessas, covered by Dag nos. 60, 61, 73, 78, 85, 86, 87 and 89, situate at Revenue Village – Bamunpara Part No. I [Town], Mouza – Bilasipara, Bilasipara Revenue Circle, District – Dhubri [‘the subject-plot’, for short], from a period prior to enactment of the Assam Fixation of Ceiling on Land Holdings Act, 1956. According to the petitioners, the predecessors-in-interest of the petitioners purchased some part of the subject-plot also by registered sale deed. The subject-plot was earlier recorded as Khatian Land and the name of the predecessors-in-interest of the petitioners was recorded in the concerned Khatian as recognised occupants. The family of the petitioner was paying revenue for the said parcel of land till two years back. 3. It is the case of the petitioners that when the State Government notified Mission Basundhara 2.0 Scheme for settlement of Government khas and ceiling surplus land in favour of the landless persons, the petitioners applied for settlement of the afore-stated subject-plot, on 22.12.2024, in their favour and the said applications were received vide Acknowledgment no. RTPS/SKCSL/2024/2008705 and no. RTPS/SKCSL/2024/2050076. However, on 02.11.2025, the application of the petitioners were shown to be rejected on the ground that Page No. 3/4 on field enquiry, the subject-plot was found to have been encroached in recent years on organised basis and therefore, the said land stood excluded from the purview of Mission Basundhara 2.0. 4. The petitioners have disputed the reason recorded for rejection of their applications by the Orders, dated 02.11.2025, which was of cryptic nature. The petitioners have further mentioned that before rejection of their applications, the petitioners were not afforded any opportunity of hearing and the reason recorded is not as per situation prevalent in the ground in respect of the subject-plot regarding encroachment on organized basis. Be that as it may. 5. Ms. Bordoloi, learned Standing Counsel, Revenue Department was requested, on 04.05.2026, to obtain instruction from the Government in the Revenue and Disaster Management Department as to whether after rejection of the petitioners’ applications for settlement of khas and ceiling surplus land under Mission Basundhara 2.0, it would still be open for the petitioners to submit fresh applications under Mission Basundhara Scheme, which is stated to be in currency. 6. Today, Ms. Bordoloi has placed a copy of an Office Letter bearing no. E- 786345/I/1555646/2026 dated 14.05.2026 received from the Revenue and Disaster Management Department, Government of Assam in connection with the case of a similarly situated writ petition, W.P[C] no. 2312/2025, who has also claimed to be long and continuous possession of a plot of land like the present petitioner. Therein, it is mentioned that the settlement of Government khas and ceiling surplus land under Mission Basundhara 2.0 has been rolled out perpetually via the Sewa Setu Portal, as per Government Notification eCF no. 565802/I/772778/2024 dated 15.10.2024. It has been further mentioned that an applicant can apply afresh for land settlement through the Sewa Setu Portal as per the existing guidelines, despite rejection of an earlier application. 7. As it is open for the petitioners to file applications for settlement of Government khas and ceiling surplus land afresh, the petitioners have the option of filing an application for settlement of Government khas and ceiling surplus land afresh by complying with all the Page No. 4/4 requisite formalities as per the existing guidelines through the Sewa Setu Portal. Considering the fact that the petitioners’ earlier applications dated 22.12.2024 were rejected on 02.11.2025, this Court deems it proper to dispose of the writ petition, allowing the petitioners to submit applications for settlement of the subject-plot afresh by complying with all the requisite formalities as per the existing guidelines through the Sewa Setu Portal. 8. In the event the petitioners submit fresh applications, the respondent authorities while considering the applications, shall duly consider the petitioners’ claim regarding the long, continuous, peaceful and uninterrupted possession of the subject-plot and the facts asserted by the petitioners as regards reflection of the names of predecessors-in-interest of the petitioners in the concerned Khatian. It is needless to mention that consideration of the petitioners’ applications must be disposed of by way of a reasoned order. In the event the petitioners feel themselves aggrieved by the manner of disposal of the applications, the petitioners will be at liberty to seek appropriate remedy as permissible under the law. 9. The copy of the Office Letter bearing no. E-786345/I/1555646/2026 dated 14.05.2026 of the Revenue and Disaster Management Department, Government of Assam, which has been placed before the Court by Ms. Bordoloi, is kept with the case record by marking it as Document ‘A’. JUDGE Comparing Assistant