Page No.# 1/5 GAHC010099532024 2026:GAU-AS:9936 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2674/2024 SAMAN ALI SHEIKH S/O- HAJI KOSIM UDDIN SHEIKH, R/O- ANANDA NAGAR, WARD NO. 14, BILASIPARA TOWN (KRISHNA NAGAR), P.O. AND P.S. BILASIPARA, DISTRICT- DHUBRI, ASSAM, PIN- 783348 VERSUS THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, REVENUE AND D.M. DEPARTMENT, DISPUR, GHY-6 2:THE JOINT SECRETARY TO THE GOVT. OF ASSAM REVENUE D.M (SS) DEPARTMENT DISPUR GHY-06 3:THE DISTRICT COMMISSIONER DHUBRI ASSAM P.O. AND P.S. AND DIST.- DHUBRI ASSAM PIN- 783301 4:THE ASSISTANT SETTLEMENT OFFICER CUM CIRCLE OFFICER BILASIPARA REVENUE CIRCLE BILASIPARA P.O. AND P.S. BILASIPARA DIST- DHUBRI ASSAM PIN- 78334 Page No.# 2/5 B E F O R E HON’BLE MR. JUSTICE DEVASHIS BARUAH Advocate for the petitioner(s): Mr. M Hussain Advocate for the respondent(s): Mr. N Das, Govt. Advocate, Assam Ms. G Hazarika, Standing Counsel Revenue Department Date on which Judgment is reserved : NA Date of Pronouncement of Judgment : 20.07.2026 Whether the Pronouncement is of the : Yes Operative Part of the Judgment Whether the Full Judgment has been : NA Pronounced JUDGMENT & ORDER(ORAL) Heard Mr. M Hussain, the learned counsel appearing on behalf of the petitioner. Also heard Ms. G Hazarika, the learned Standing Counsel, Revenue Department, Govt. of Assam and Mr. N Das, the learned Govt. Advocate, who appears on behalf of the District Administration. 2. The petitioner, pursuant to an application submitted for settlement Page No.# 3/5 of land at Bilasipara Town of Dhubri district was granted a settlement of 17.5 lessas covered by Dag No.771(Part) situated at Village Ananda Nagar under Bilasipara Town, subject to payment of premium as per Government Notification dated 21.08.2023. 3. The case of the petitioner herein is that at the time when the application for settlement was filed and the process was initiated, the Circle Officer, Bilasipara Revenue Circle had valued the land at Rs.35,000/-, and as such, it is the case of a petitioner that the settlement premium ought to have been fixed at the rate, when the petitioner submitted the application and the process was initiated. 4. Be that as it may, it is relevant to take note of that pursuant to the said grant of settlement made in favour of the petitioner dated 16.02.2024, the Circle Officer, Bilasipara Revenue Circle informed that the value of the land in question was Rs.25,00,000/- per bigha, and the amount as regards the premium to be paid by the petitioner in order to obtain the settlement would be Rs.4,37,500/-. 5. The grievance of the petitioner, therefore, is that the respondents should be directed to accept Rs.35,000/- in lieu of Rs.4,37,500/-. The said aspect having not been considered, the petitioner has approached this Court by filing the present writ petition. 6. This Court also takes note of that an additional affidavit was filed by the petitioner based upon another Notification dated 27.12.2024, Page No.# 4/5 whereby the payment of the premium in terms with Mission Basundhara 2.0 was reduced, in the case of conditional patta. However, on perusal of the said Notification, it reveals that in order to get an unconditional settlement, 100% premium is required to be paid. 7. The petitioner had submitted a representation on 07.02.2026. However, the same has not been considered. 8. In the backdrop of the above, this Court had heard the learned counsels appearing on behalf of the parties and had perused the materials on record. 9. Ms. G. Hazarika, the learned Standing Counsel for the Revenue Department submitted that the petitioner's settlement was not in terms with the Mission Basundhara 2.0, and that aspect would be very much apparent from the records itself, and as such, the Notification dated 27.12.2024 does not apply. 10. This Court has also taken note of that though the petitioner had submitted the application prior to the Government Notification dated 21.08.2023, whereby the rates of premiums were fixed, but the settlement was made in favour of the petitioner on 16.02.2024, when the Notification dated 21.08.2023 was holding the field. 11. Under such circumstances, this Court does not find any illegality in the communication dated 08.04.2024, whereby the land which was Page No.# 5/5 allotted to the petitioner subject to payment of the premium was fixed at Rs.4,37,500/-. It is also relevant to take note of that the petitioner's settlement was based upon payment of the premium, which the petitioner till date has not paid. 12. Mr. M. Hussain, the learned counsel appearing on behalf of the petitioner submitted that the petitioner would make the payment of Rs.4,37,500/- which has been mentioned in the communication dated 08.04.2024 within two months. 13. Taking into account the above, the instant writ petition stands disposed of with the following observations and directions: (i). The petitioner would be liable to make payment of the premium of Rs.4,37,500/- for the settlement of 17.5 lessas of land covered by Dag No.771(Part) situated at Village Ananda Nagar (Town) Bilasipara in the district of Dhubri. (ii). It is observed and directed that if the petitioner deposits the said premium of Rs.4,37,500/- within a period of 2(two) months from the date of the present order, the unconditional settlement of the land in question be granted in favour of the petitioner by issuance of the necessary patta. JUDGE Comparing Assistant