Page No.# 1/6 GAHC010121152026 2026:GAU-AS:8919 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3210/2026 ARUN KUMAR SINGH AND ANR S/O- RAM NANDAN SINGH, R/O- VILL.- ULUBARI (BIRUBARI), DR. B. R. AMBEDKAR NAGAR, MOUZA- ULUBARI, P.S. PALTANBAZAR, DIST. KAMRUP METRO, ASSAM 2: SHAIL DEVI W/O- RAVINDER SINGH R/O- VILL.- ULUBARI (BIRUBARI) DR. B. R. AMBEDKAR NAGAR MOUZA- ULUBARI P.S. PALTANBAZAR DIST. KAMRUP METRO ASSA VERSUS THE STATE OF ASSAM AND 2 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, REVENUE DEPARTMENT, DISPUR, GUWAHATI-781006. 2:THE DISTRICT COMMISSIONER KAMRUP METRO HENGRABARI GUWAHATI-781036 ASSAM. 3:THE CIRCLE OFFICER GUWAHATI REVENUE CIRCLE GUWAHATI- 781007 Advocate for the Petitioner : MR R DHAR, MD. A MATLIB Advocate for the Respondent : GA, ASSAM, SC, REVENUE Page No.# 2/6 BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER 19.06.2026 Heard Mr. R. Dhar, learned counsel for the petitioners; Mr. R. Borpujari, learned Standing Counsel, Revenue & Disaster Management Department for the respondent no. 1; and Mr. S.R. Baruah, learned Junior Government Advocate, Assam for the respondent nos. 2 & 3. 2. The two petitioners have projected that each of them is in possession of two plots of land measuring 3.34 Are and 2.50 Are respectively, which are under Government Dag no. 97 at Village – Ulubari, Mouza – Ulubari, Guwahati Revenue Circle, District – Kamrup [M]. The petitioners have stated that they have been residing there for about 27-32 years and they had submitted Kabula applications before the respondent no. 2 on a number of occasions previously for settlement of the two plots of land in their favour. 3. When a Notice dated 07.01.2020 was served upon the petitioners by the respondent no. 3 directing to vacate the two plots of land under their occupation, the two petitioners along with a nos. of the other similarly situated persons approached this Court by way of a writ petition, W.P.[C] no. 292/2020. The said writ petition was disposed of by a Judgment and Order dated 10.06.2020 allowing the petitioners therein to file individual application seeking settlement of their respective plots of land and a direction was also given to the respondent no. 2 to pass reasoned orders after giving opportunity to the petitioners for hearing and to produce all relevant materials/documents/ testimonials, etc. and after giving due consideration. In the Judgment and Order dated 10.06.2020, it was observed that till a reasoned order is passed by the respondent no. 2, status quo shall be maintained by the parties. 4. The petitioners have canvassed that after the Judgment and Order dated 10.06.2020, Page No.# 3/6 the petitioners filed their Kabula along with all the requisite documents/materials before the respondent no. 2 and their applications were processed and considered by carrying out spot verifications. Thereafter, proposals were placed before the Sub-Divisional Land Advisory Committee [SDLAC], Kamrup and the SDLAC in its Meeting held on 11.12.2020 approved the proposals for settlement in favour of the petitioners vide Resolution no. 293 and Resolution no. 297 respectively. When after approval of the SDLAC, the proposals were forwarded to the State Government in the Revenue & Disaster Management Department, the Revenue & Disaster Management Department vide Office Letters, dated 15.02.2022 & dated 23.02.2022, ordered for settlement of the two plots of land in favour of the two petitioners herein for residential purpose, subject to realization of 30% of the zonal value of the land and compliance of other conditions, mentioned therein. 5. When the petitioners were waiting to complete the formalities of settlement, they were served with notices, dated 10.11.2022, by the respondent no. 3 purportedly under Section 18 of the Settlement Rules framed under the Assam Land and Revenue Regulation for their eviction by alleging them to be illegal encroachers. Similar notices were also served upon a number of persons in and around their locality. Aggrieved by the notices issued by the respondent no. 3 for eviction, a number of writ petitions were filed by the noticees. The two petitioners herein had also preferred two writ petitions, W.P.[C] no. 7381/2022 and W.P.[C] no. 7382/2022 individually. The entire batch of writ petitions including W.P.[C] no. 7381/2022 and W.P.[C] no. 7382/2022 preferred by the two petitioners herein, were disposed of by a common Judgment and Order dated 07.11.2024. 6. The relevant parts of the said Judgment and Order dated 07.11.2024 read as under :- 50. Accordingly, this Court therefore, disposes of the instant batch of these writ petitions with the following observations and directions: [i] The impugned notices under Rule 18 so issued to the petitioners to vacate shall be construed as notices issued by the Circle Officer, Guwahati Revenue Circle, to show Page No.# 4/6 cause why the petitioners should not be evicted by taking recourse to Rule 18 of the Settlement Rules. [ii] The petitioners in the present batch of writ petitions are given the liberty to submit individual replies and substantiating the same with documents and such evidence as deemed proper thereby showing cause that the petitioners have a bona fide claim of right involved in respect to the land under their occupation and as such the recourse to Rule 18 of the Settlement Rules is not permissible. [iii] The liberty given above is to be exercised within 30 [thirty] days, from the date of the instant order. In the said replies, the petitioners herein shall indicate in which writ petition, the petitioner[s] were parties. [iv] The Deputy Commissioner, Kamrup [M] is directed to give an opportunity of hearing to the petitioners either personally or through their authorized representative[s]. The Deputy Commissioner, Kamrup [M] shall thereupon pass appropriate speaking orders. The Deputy Commissioner, Kamrup [M] is further directed to allot a particular area in his office wherein, such replies could be submitted. A notice be hanged in the Office of the Deputy Commissioner, Kamrup [M] indicating the area. [v] This Court further directs that upon the speaking orders being passed, the Deputy Commissioner, Kamrup [M] shall notify in its notice board about the fact that the speaking order had been passed. For a period of 30 [thirty] days from such notification, no coercive measures be taken so that if the petitioners are aggrieved, they may avail remedies as permissible under law. 7. After disposal of the writ petitions, the petitioners were served notices dated 18.02.2025 by the respondent no. 2 whereby they were asked to submit their replies along Page No.# 5/6 with all the relevant supporting documents for necessary action. The petitioners have stated that in response to the notice dated 18.02.2025, they had duly submitted their replies along with all the supporting documents. 8. In this writ petition, the petitioners have stated that the respondent authorities, more particularly, the respondent no. 2 has not yet given consideration to the replies filed by the two petitioners herein along with all the supporting documents. With an apprehension that without giving due consideration to the replies submitted by the petitioner, the respondent authorities might take coercive action against the petitioners for their eviction from the two plots of land. 9. Mr. Borpujari, learned Standing Counsel, Revenue & Disaster Management Department and Mr. Baruah, learned Junior Government Advocate, Assam representing the respondents have submitted that the apprehension raised by the petitioners is misplaced in view of the fact that the petitioners’ eviction, if any, is subject to the directions already made in the Judgment and Order dated 07.11.2024 and any action for eviction can only be undertaken after disposal of the replies of the petitioners by way of speaking orders. The learned counsel appearing for the respondents have also placed a copy of an Order dated 06.06.2026 passed by a coordinate Bench of this Court in a writ petition, W.P.[C] no. 2999/2026 preferred by persons similarly situated like the petitioners herein. 10. As the replies submitted by the petitioners in response to the Notice dated 13.02.2025 are stated to be under consideration of the respondent no. 2 as on date, this Court is of the considered view that the writ petition is not required to be kept pending and the same can be disposed of with a direction to the respondent no. 2 to proceed further by considering the replies already submitted by the petitioners in response to the Notice dated 13.02.2025 in terms of the direction already made in the Judgment and Order dated 07.11.2024. It is accordingly ordered. It is observed that while giving consideration to the replies of the petitioners, the respondent no. 2 shall duly take into consideration the approvals accorded by the State Government in the Revenue & Disaster Management Department on 15.02.2022 and on 23.02.2022 for settlement of the two plots of land in favour of the two petitioners Page No.# 6/6 herein, subject to the conditions mentioned herein, in terms of the extant rules and regulations. It is made clear that this Court has not dealt with the merits of either of the parties’ case and in such view of the matter, the respondent no. 2 shall dispose of the replies as per the extant rules and regulations in force and as per their own merits. 11. This order disposes of the writ petition. No cost. JUDGE Comparing Assistant