Page No. 1/4 GAHC010073292026 2026:GAU-AS:6908 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2312/2026 MOMENA BIBI S/O- LATE JHUNU SHEIKH, R/O- VILL- BANIAPARA, BILASIPARA, W/NO.9, P.O.- HAKAMA, P.S.- BILASIPARA, DIST- DHUBRI, ASSAM, PIN-783348, VERSUS THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, REVENUE AND 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 PIN- 78334 Advocate for the Petitioner : MR S C DAS, P BURAGOHAIN,D R BONGSHIARY Advocate for the Respondent : GA, ASSAM, SC, REVENUE Page No. 2/4 BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER Date : 18.05.2026 Heard Mr. S.C. Das, learned counsel for the petitioner; 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 petitioner has approached this Court by the present writ petition stating that the petitioner being a landless person, has been in long, continuous, peaceful and uninterrupted possession of a plot of land measuring 1 Katha, out of a parcel of land having a total 4 Kathas in Dag no. 137 [new]/100 [old], situate at Revenue Village – Bamunpara Part No. I, Mouza – Bilasipara, Bilasipara Revenue Circle, District – Dhubri [‘the subject-plot’, for short]. According to the petitioner, the subject-plot is a Government khas and ceiling surplus land and the said facts were recorded in Khatian no. 46 wherein the name of the predecessor-in-interest of the petitioner was reflected as a recognised occupant. 3. It is the case of the petitioner 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 petitioner applied for settlement of the subject-plot it being khas and ceiling surplus land, on 16.12.2022 in her favour and the said application was received vide Acknowledgment no. RTPS/SKCSL/2022/223570. However, on 17.08.2023, the application of the petitioner was shown to be rejected on the ground that 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 petitioner has disputed the reason recorded for rejection of her application by the Order dated 17.08.2023, which is of cryptic nature. The petitioner has further mentioned that before rejection of her application, the petitioner was not afforded any opportunity of hearing and the reasons recorded are not as per situation prevalent in the ground in respect of the subject-plot regarding encroachment on organized basis. Be that as it may. Page No. 3/4 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 petitioner’s application for settlement of khas and ceiling surplus land under Mission Basundhara 2.0, it would still be open for the petitioner to submit a fresh application 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 wherein 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 the earlier application. 7. As it is open for the petitioner to file an application for settlement of Government khas and ceiling surplus land afresh, the petitioner has the option of filing an application for settlement of Government khas and ceiling surplus land afresh by complying with all the requisite formalities as per the existing guidelines through the Sewa Setu Portal. Considering the fact that the petitioner’s earlier application was rejected on 17.08.2023, this Court deems it proper to close of the writ petition, allowing the petitioner to submit an application 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 petitioner submits a fresh application, the respondent authorities while considering the application, shall duly consider the petitioner’s claim regarding the long, continuous, peaceful and uninterrupted possession of the subject-plot and the facts asserted by the petitioner as regards reflection of the name of predecessor-in-interest of the petitioner in Khatian no. 46. It is needless to mention that consideration of the petitioner’s application Page No. 4/4 must be disposed of by way of a reasoned order. In the event the petitioner feels herself aggrieved by the manner of disposal of the application, the petitioner 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