Page No.# 1/4 GAHC010025742026 2026:GAU-AS:7170 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1013/2026 BABUL BORO S/O- LATE CHALMAN BORO. R/O- NO.2 PASCHIM BORAGAON, (PASCHIM BORAGAON NONKE), GUWAHATI, JALUKBARI, DIST.- KAMRUP(M), ASSAM, PIN- 781035. VERSUS THE STATE OF ASSAM AND ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY OF REVENUE AND DISASTER MANAGEMENT DEPARTMENT, DISPUR, GUWAHATI- 781006. 2:THE DISTRICT COMMISSIONER KAMRUP (M) GUWAHATI ASSAM PIN- 781036. 3:THE CIRCLE OFFICER GUWAHATI REVENUE CIRCLE GUWAHATI KAMRUP(M) ASSAM PIN- 781036 Advocate for the Petitioner : MR N SARMA, D REGON,MR. D BHUYAN 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. N. Sarma, 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 no. 3. 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 5 Lessas, covered by Dag no. 149, situate at Revenue Village – No. 2 Pachim Boragaon [Pachim Boragaon Nonke] under Guwahati Revenue Circle, District – Kamrup [Metro] [‘the subject-plot’, for short] since 12.10.1996. The petitioner has stated that he has got electricity connection in the subject-plot and in his Voter card and Adhar card, the subject-plot has been recorded as his address. According to the petitioner, the subject-plot is a Government khas and ceiling surplus land. 3. It is the case of the petitioner that when the State Government launched 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 16.12.2024, in his favour and the said application was received vide Acknowledgment no. RTPS/SKCSL/2024/1972972. However, on 13.10.2025, the application of the petitioner was shown to be rejected on the ground that, the subject-plot was found to have been landslide prone and declared hill. 4. The petitioner has disputed the reason recorded for rejection of his application by the Order dated 13.10.2025, which is of cryptic nature. The petitioner has further mentioned that before rejection of his 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 landslide prone. Page No.# 3/4 5. Ms. Bordoloi, learned Standing Counsel, Revenue Department was requested, to obtain instruction from the Government in the Revenue and Disaster Management Department in a case of similar nature 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. 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 the other case of similar nature 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 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 13.10.2025, this Court deems it proper to dispose 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. It is needless to mention that consideration of the petitioner’s application must be disposed of by way of a reasoned order. In the event the petitioner feels himself aggrieved by the manner of disposal of the application, the petitioner will be at liberty to seek appropriate remedy as permissible Page No.# 4/4 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