Page No.# 1/5 vs The State Of Assam And Ors
2025 Latest Caselaw 5834 Gua

Gauhati High Court

Page No.# 1/5 vs The State Of Assam And Ors on 27 June, 2025

Author: Sanjay Kumar Medhi

Bench: Sanjay Kumar Medhi

                                                                  Page No.# 1/5

GAHC010144222025




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                           THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                              Case No. : WP(C)/3732/2025

         MOHIBUL ISLAM AND ORS
         S/O- SHAHAJAMAL SHEIKH ,
         DHUBRI

         2: SAJAMAL
          S/O- ALIMUDDIN

         3: SUMAR ALI SHEIKH
          S/O- MOHIRAN BIBI

         4: IMAN ALI
          S/O- JASER ALI

         5: ASHAB ALI
          S/O- TOHOR ALI

         6: JAMIDER ALI
          S/O- NUR HOQUE

         7: MOHIR UDDIN SHEIKH
          S/O-SER ALI

         8: AYNAL HOQUE
          S/O- ABDUL SAMAD MONDAL

         9: MEHER ALI
          S/O- MOFIJUDDIN

         10: SUJAL HOQUE
          S/O- SIDDIQUE ALI

         11: IBRAHIM KHOLILULLAH
          S/O- FULBOR ALI
                                                       Page No.# 2/5

12: SULTAN ALI
 S/O- AINUDDIN


ALL ARE R/O- VILL- CHARUA BAKHRA JUNGLE BLOCK
P.O- TILAPARA
P.S CHAPAR
DIST- DHUBRI
ASSA

VERSUS

THE STATE OF ASSAM AND ORS
REP BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM, REVENUE
AND DISASTER MANAGEMENT DEPARTMENT
DISPUR, GUWAHATI-06.

2:THE DISTRICT COMMISSIONER
 DHUBRI

3:THE CO-DISTRICT COMMISSIONER
 BILASIPARA CO-DISTRICT
 DHUBRI
ASSAM

4:THE ADDL. DISTRICT COMMISSIONER
 DHUBRI
ASSAM

5:THE CIRCLE OFFICER
 CHAPAR REVENUE CIRCLE

DHUBRI
ASSAM

6:CO-DISTRICT LAND ADVISORY COMMITTEE
 BILASIPARA
 DHUBRI
ASSAM

REP. BY DISTRICT COMMISSIONER DHUBRI

7:APDCL
 REP. BY ITS MANAGING DIRECTOR
 BIJULEE BHAWAN
 PALTAN BAZAR
 GUWAHATI-01
ASSA
                                                                            Page No.# 3/5


Advocate for the Petitioner   : MR S BORTHAKUR, MR. A R HAZARIKA,MR SAURADEEP
DEY

Advocate for the Respondent : SC, REVENUE AND DISASTER MANAGEMENT DEPT, SC,
APDCL,GA, ASSAM




                                   BEFORE
                  HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

                                        ORDER

27.06.2025 Heard Shri S Borthakur, learned counsel for the petitioners.

2. As per the facts projected, the petitioners are landless persons residing on government khas land in the Charua Bakhra Jungle Block under Chapar Revenue Circle in the district of Dhubri. They have claimed of residing over the said plot of land for over 25 years and had applied for settlement under the Assam Land Policy, 2019 through Mission Basundhara scheme. However, vide the Speaking Orders dated 17.05.2025, the applications of the petitioners have been rejected. It is also the case of the petitioner that before such rejection, land of about 2258 bighas has been approved for allotment to the APDCL for a power project. In the meantime, the petitioners have also been issued notices under Rule 18(2) of the Settlement Rules under the Assam Land and Revenue Regulation, 1886 requiring them to show cause. The responses were filed which, however have been rejected vide the Speaking Orders dated 26.05.2025 and 02.06.2025.

3. Let notice be issued, returnable by 4 weeks.

4. Shri R Borpujari, learned Standing Counsel, Revenue Department, Assam accepts notice on behalf of the respondent nos. 1, 2, 3, 4 and 5; Shri N Das, learned Page No.# 4/5

State Counsel, Assam, accepts notice on behalf of the respondent no. 6 whereas Shri KP Pathak, learned Standing Counsel, APDCL accepts notice on behalf of the respondent no. 7.

5. Extra copies of the petition be served upon the learned counsel for the respondents.

6. Shri Borthakur, learned counsel for the petitioners prays for an interim order which, however, is resisted by the learned counsel for the respondents.

7. While Shri Borthakur, learned counsel has tried to make out a case that the rejection of the prayer for settlement read with the eviction notice would show a dual standard of the respondent authorities, Shri Borpujari, learned Standing Counsel has submitted that apart from the procedure laid down in law, including the judgment of the Hon'ble Division Bench of this Court in the case of Salak Uddin (Md.) Vs. The State of Assam & Ors., passed in WP(C)/1057/2022 being scrupulously followed, the land is required for construction of the project of the APDCL which is directly connected with public interest.

8. Shri Das, learned State Counsel has further submitted that there is appellate forum for which the instant writ petition would not be maintainable.

Page No.# 5/5

9. This Court is of the opinion that prima facie, the procedures laid down in law appear to have been followed. Further, private interest has to give way to overwhelming public interest in setting up of the power project. In view of the above, this Court is not inclined to pass any interim order, at this stage.

JUDGE

Comparing Assistant