Citation : 2025 Latest Caselaw 8932 Gua
Judgement Date : 27 November, 2025
Page No.# 1/33
GAHC010220102025
2025:GAU-AS:16145-DB
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WA/311/2025
SRI MONMIL BORO AND 7 ORS
SON OF LATE RAMCHARAN BORO,
2: SMTI SHANTI DEVI
W/O HARINDER RAY
3: SOVIT PURBEY
S/O LATE RAMBILASH PURBEY
4: SMTI SUMAN DEVI
W/O AKALU GUPTA
5: LALIT KAMAT
S/O KAPLESWAR KAMAT
6: HARI PRASAD
S/O RAMDAS PRASAD.
7: DINESH KAMAT
S/O KAPLESWAR KAMAT.
8: SMTI NEERA GUPTA
W/O SRI BINOD KUMAR GUPTA
ALL ARE R/O VILL. ULUBARI (BIRUBARI)
Page No.# 2/33
DR. B.R. AMBEDKAR NAGAR
MOUZA ULUBARI
P.S. PALTAN BAZAR
DIST. KAMRUP (M)
ASSAM
VERSUS
THE STATE OF ASSAM AND 3 ORS
REP BY THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM,
REVENUE DEPTT., DISPUR, GUWAHATI 781006
2:THE DIST. COMMISSIONER
KAMRUP (M)
HENGRABARI
GUWAHATI 781036
ASSAM.
3:THE CO DIST. COMMISSIONER
NEW GUWAHATI CO DIST. KAMRUP (M)
HENGRABARI
GUWAHATI 781036
ASSAM.
4:THE CIRCLE OFFICER
GUWAHATI REVENUE CIRCLE
ULUBARI
GUWAHATI 78100
Advocate for the Petitioner : MR. N N B CHOUDHURY, MR. K KASHYAP
Advocate for the Respondent : GA, ASSAM,
Linked Case : WA/319/2025
SRI RINKU DAS
SON OF LATE RANABIR DAS
RESIDENT OF ULUBARI BIRUBARI
MOUZA ULUBARI
PS PALTAN BAZAR
Page No.# 3/33
DISTRICT- KAMRUP (M)
ASSAM
PIN 781007
VERSUS
THE STATE OF ASSAM AND 3 ORS.
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT
OF ASSAM
REVENUE AND DISASTER MANAGEMENT DEPARTMENT
DISPUR
GUWAHATI
DISTRICT KAMRUP M
ASSAM
PIN 781006
2:THE DISTRICT COMMISSIONER
HENGRABARI ROAD
LICHUBAGAN
HENGRABARI
GUWAHATI
DISTRICT KAMRUP (M)
ASSAM
PIN 781036
3:THE CO DISTRICT COMMISSIONER
NEW GUWAHATI CO DISTRICT
HENGRABARI ROAD
LICHUBAGAN
HENGRABARI
GUWAHATI
DISTRICT KAMRUP (M)
ASSAM
PIN 781036
4:THE CIRCLE OFFICER
GUWAHATI REVENUE CIRCLE
ULUBARI
GUWAHATI
DISTRICT KAMRUP (M)
ASSAM
PIN 781007
------------
Advocate for : MR. T DEURI Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 3 ORS.
Page No.# 4/33
Linked Case : WA/312/2025
TUTUMONI HAZARIKA W/O MRINAL HAZARIKA RESIDENT OF VILLAGE ULUBARI BIRUBARI DR BR AMBEDKAR NAGAR MOUZA ULUBARI PS PALTAN BAZAR DISTRICT KAMRUP M ASSAM
VERSUS
THE STATE OF ASSAM AND 3 ORS.
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM REVENUE DEPARTMENT DISPUR GUWAHATI 781006
2:THE DISTRICT COMMISSIONER KAMRUP M HENGRABARI GUWAHATI 781036 ASSAM
3:THE CO DISTRICT COMMISSIONER NEW GUWAHATI CO DISTRICT HENGRABARI GUWAHATI 781036 ASSAM
4:THE CIRCLE OFFICER GUWAHATI REVENUE CIRCLE ULUBARI GUWAHATI 781007
------------
Advocate for : MD. A MATLIB Advocate for : SC REVENUE appearing for THE STATE OF ASSAM AND 3 ORS.
Page No.# 5/33
Linked Case : WA/325/2025
SMTI MANJU DEVI W/O LATE DILIP SINGH R/O OF VILLAGE - ULUBARI BIRUBARI DR. B.R. AMBEDKAR NAGAR MOUZA-ULUBARI P.S. PALTAN BAZAR DIST. KAMRUP (M) ASSAM.
VERSUS
THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM REVENUE DEPARTMENT DISPUR GUWAHATI 781006.
2:THE DISTRICT COMMISSIONER KAMRUP M HENGRABARI GUWAHATI-781036 ASSAM.
3:THE CO DISTRICT COMMISSIONER NEW GUWAHATI CO-DISTRICT HENGRABARI GUWAHATI - 781036 ASSAM
4:THE CIRCLE OFFICER GUWAHATI REVENUE CIRCLE ULUBARI GUWAHATI-781007.
------------
Advocate for : MD. A MATLIB Advocate for : SC REVENUE appearing for THE STATE OF ASSAM AND 3 ORS
Linked Case : WA/320/2025
SRI DUKHAHARAN RAUT Page No.# 6/33
RESIDENT OF ULUBARI BIRUBARI MOUZA ULUBARI PS PALTAN BAZAR DISTRICT KAMRUP M ASSAM PIN 781007
VERSUS
THE STATE OF ASSAM AND ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM REVENUE AND DISASTER MANAGEMENT DEPARTMENT DISPUR GUWAHATI DISTRICT KAMRUP M ASSAM PIN 781006
2:THE DISTRICT COMMISSIONER HENGRABARI ROAD LICHUBAGAN HENGRABARI GUWAHATI DISTRICT KAMRUP M ASSAM PIN 781036
3:THE CO DISTRICT COMMISSIONER NEW GUWAHATI CO DISTRICT HENGRABARI ROAD LICHUBAGAN HENGRABARI GUWAHATI DISTRICT KAMRUP M ASSAM PIN 781036
4:THE CIRCLE OFFICER GUWAHATI REVENUE CIRCLE ULUBARI GUWAHATI DISTRICT KAMRUP M ASSAM PIN 781007
------------
Advocate for : MR. T DEORI Page No.# 7/33
Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND ORS
Linked Case : WA/321/2025
SMTI KONJENBAM ANJALI DEVI S/O- LATE K HEMANTA SINGH
RESIDENT OF ULUBARI BIRUBARI MOUZA ULUBARI P.S- PALTAN BAZAR DISTRICT-KAMRUP METRO ASSAM PIN 781007
VERSUS
THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM REVENUE AND DISASTER MANAGEMENT DEPARTMENT DISPUR GUWAHATI DISTRICT KAMRUP M ASSAM PIN 781006
5:THE DISTRICT COMMISSIONER HENGRABARI ROAD LICHUBAGAN HENGRABARI GUWAHATI DISTRICT KAMRUP M ASSAM PIN 781036
6:THE CO DISTRICT COMMISSIONER NEW GUWAHATI CO DISTRICT HENGRABARI ROAD LICHUBAGAN HENGRABARI GUWAHATI DISTRICT KAMRUP M ASSAM Page No.# 8/33
PIN 781036
7:THE CIRCLE OFFICER GUWAHATI REVENUE CIRCLE ULUBARI GUWAHATI DISTRICT KAMRUP M ASSAM PIN 781007
------------
Advocate for : MS. L WANGSA Advocate for : GA ASSAM appearing for THE STATE OF ASSAM
Linked Case : WA/330/2025
SRI ARUN MONDAL S/O LATE HARADHAN MONDAL R/O OF VILLAGE - ULUBARI BIRUBARI DR. B.R. AMBEDKAR NAGAR MOUZA-ULUBARI P.S. PALTAN BAZAR DIST. KAMRUP (M) ASSAM.
VERSUS
THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM REVENUE DEPARTMENT DISPUR GUWAHATI 781006.
2:THE DISTRICT COMMISSIONER KAMRUP M HENGRABARI GUWAHATI-781036 ASSAM.
3:THE CO DISTRICT COMMISSIONER NEW GUWAHATI CO-DISTRICT HENGRABARI GUWAHATI - 781036 ASSAM Page No.# 9/33
4:THE CIRCLE OFFICER GUWAHATI REVENUE CIRCLE ULUBARI GUWAHATI-781007.
------------
Advocate for : MD. A MATLIB Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 3 ORS
Linked Case : WA/317/2025
SRI SANJAY KUMAR BHURA S/O LATE SHANTILAL BHURA RESIDENT OF ULUBARI BIRUBARI MOUZA ULUBARI PS PALTAN BAZAR DISTRICT KAMRUP M ASSAM PIN 781007
VERSUS
THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM REVENUE AND DISASTER MANAGEMENT DEPARTMENT DISPUR GUWAHATI DISTRICT KAMRUP M ASSAM PIN 781006
2:THE DISTRICT COMMISSIONER KAMRUP M HENGRABARI ROAD LICHUBAGAN HENGRABARI GUWAHATI PIN 781036
3:THE CO DISTRICT COMMISSIONER NEW GUWAHATI CO DISTRICT Page No.# 10/33
HENGRABARI ROAD LICHUBAGAN HENGRABARI GUWAHATI DISTRICT KAMRUP M ASSAM PIN 781036
4:THE CIRCLE OFFICER GUWAHATI REVENUE CIRCLE ULUBARI GUWAHATI DISTRICT KAMRUP M ASSAM PIN 781007
------------
Advocate for : MR. T DEURI Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 3 ORS
Linked Case : WA/316/2025
POTSHANGBAM KHONI CHAOBA MEETEI S/O P PISHAK MEETEI RESIDENT OF ULUBARI BIRUBARI MOUZA ULUBARI PS PALTAN BAZAR DISTRICT KAMRUP M ASSAM PIN 781007
VERSUS
THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM REVENUE AND DISASTER MANAGEMENT DEPARTMENT DISPUR GUWAHATI DISTRICT KAMRUP (M) ASSAM PIN 781006
2:THE DISTRICT COMMISSIONER HENGRABARI ROAD Page No.# 11/33
LICHUBAGAN HENGRABARI GUWAHATI DISTRICT KAMRUP M ASSAM PIN 781036
3:THE CO DISTRICT COMMISSIONER NEW GUWAHATI CO DISTRICT HENGRABARI ROAD LICHUBAGAN HENGRABARI GUWAHATI DISTRICT KAMRUP M ASSAM PIN 781036
4:THE CIRCLE OFFICER GUWAHATI REVENUE CIRCLE ULUBARI GUWAHATI DISTRICT KAMRUP M ASSAM PIN 781007
------------
Advocate for : MR. T DEURI Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 3 ORS
Linked Case : WA/313/2025
SRI PANCHAM ROY SON OF LATE BALDEV ROY ULUBARI BIRUBARI MOUZA ULUBARI PS PALTANBAZAR DISTRICT KAMRUP METRO ASSAM PIN 781007
VERSUS
THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM REVENUE AND DISASTER MANAGEMENT DEPTT.
Page No.# 12/33
ADDRESS DISUR GUWAHATI DIST. KAMRUP (M) ASSAM PIN 781006
2:DISTRICT COMMISSIONER KAMRUP METRO DISTRICT HENGRABARI ROAD LICHUBAGAN HENGRABARI GUWAHATI DISTRICT KAMRUP METRO ASSAM PIN 781036
3:THE CO DISTRICT COMMISSIONER NEW GUWAHATI CO DISTRICT ADDRESS HENGRABARI ROAD LICHUBAGAN HENGRABARI GUWAHATI DIST. KAMRUP (M) ASSAM PIN 781036
4:THE CIRCLE OFFICER GUWAHATI REVENUE CIRCLE ULUBARI GUWAHATI DISTRICT KAMRUP METRO ASSAM PIN 781007
------------
Advocate for : MR. T R DEURI Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 3 ORS
Linked Case : WA/331/2025
NILIMA ROY W/O LATE BIKRANT KUMAR ROY R/O OF VILLAGE - ULUBARI BIRUBARI DR. B.R. AMBEDKAR MOUZA-ULUBARI NAGAR P.S. PALTAN BAZAR DIST. KAMRUP M ASSA.
Page No.# 13/33
VERSUS
THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM REVENUE DEPARTMENT DISPUR GUWAHATI 781006.
2:THE DISTRICT COMMISSIONER KAMRUP M HENGRABARI GUWAHATI-781036 ASSAM.
3:THE CO-DISTRICT COMMISSIONER NEW GUWAHATI CO-DISTRICT HENGRABARI GUWAHATI - 781036 ASSAM
4:THE CIRCLE OFFICER GUWAHATI REVENUE CIRCLE ULUBARI GUWAHATI-781007.
------------
Advocate for : MD. A MATLIB Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 3 ORS
Linked Case : WA/326/2025
MAYA RANI BANIA W/O PRADIP KANU R/O OF VILLAGE - ULUBARI BIRUBARI DR. B.R. AMBEDKAR NAGAR MOUZA-ULUBARI P.S. PALTAN BAZAR DIST. KAMRUP M ASSAM.
VERSUS Page No.# 14/33
THE STATE OF ASSAM AND 3 ORS.
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM REVENUE DEPARTMENT DISPUR GUWAHATI 781006.
2:THE DISTRICT COMMISSIONER KAMRUP M HENGRABARI GUWAHATI-781036 ASSAM.
3:THE CO-DISTRICT COMMISSIONER NEW GUWAHATI CO-DISTRICT HENGRABARI GUWAHATI - 781036 ASSAM
4:THE CIRCLE OFFICER GUWAHATI REVENUE CIRCLE ULUBARI GUWAHATI-781007.
------------
Advocate for : MD. A MATLIB Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 3 ORS.
Linked Case : WA/315/2025
SRI BAKUL GHOSH RESIDENT OF VILLAGE ULUBARI BIRUBARI DR BR AMBEDKAR NAGAR MOUZA ULUBARI PS PALTAN BAZAR DISTRICT KAMRUP (M) ASSAM
VERSUS
THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM REVENUE DEPARTMENT DISPUR Page No.# 15/33
GUWAHATI 781006
2:THE DISTRICT COMMISSIONER KAMRUP M HENGRABARI GUWAHATI 781036 ASSAM
3:THE CO DISTRICT COMMISSIONER NEW GUWAHATI CO DISTRICT HENGRABARI GUWAHATI 781036 ASSAM
4:THE CIRCLE OFFICER GUWAHATI REVENUE CIRCLE ULUBARI GUWAHATI 781007
------------
Advocate for : MD. A MATLIB Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 3 ORS
Linked Case : WA/328/2025
SRI INDRA BISWAS S/O LATE UPEN CH. BISWAS R/O OF VILLAGE - ULUBARI BIRUBARI DR. B.R. AMBEDKAR NAGAR MOUZA-ULUBARI P.S. PALTAN BAZAR DIST. KAMRUP M ASSAM.
VERSUS
THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM REVENUE DEPARTMENT DISPUR GUWAHATI 781006.
2:THE DISTRICT COMMISSIONER KAMRUP M HENGRABARI Page No.# 16/33
GUWAHATI-781036 ASSAM.
3:THE CO DISTRICT COMMISSIONER NEW GUWAHATI CO-DISTRICT HENGRABARI GUWAHATI - 781036 ASSAM
4:THE CIRCLE OFFICER GUWAHATI REVENUE CIRCLE ULUBARI GUWAHATI-781007.
------------
Advocate for : MD. A MATLIB Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 3 ORS
Linked Case : WA/332/2025
SRI SANKAR SINGH S/O LATE RAMJEE SINGH R/O OF VILLAGE - ULUBARI BIRUBARI DR. B.R. AMBEDKAR NAGAR MOUZA-ULUBARI P.S. PALTAN BAZAR DIST. KAMRUP (M) ASSAM..
VERSUS
THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM REVENUE DEPARTMENT DISPUR GUWAHATI 781006.
2:THE DISTRICT COMMISSIONER KAMRUP M HENGRABARI GUWAHATI-781036 ASSAM.
3:THE CO DISTRICT COMMISSIONER NEW GUWAHATI CO-DISTRICT Page No.# 17/33
HENGRABARI GUWAHATI - 781036 ASSAM
4:THE CIRCLE OFFICER GUWAHATI REVENUE CIRCLE ULUBARI GUWAHATI-781007.
------------
Advocate for : MD. A MATLIB Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 3 ORS
Linked Case : WA/327/2025
JAY PRAKASH PRASAD S/O LATE BISWANATH RAM R/O OF VILLAGE - ULUBARI BIRUBARI DR. B.R. AMBEDKAR NAGAR MOUZA-ULUBARI P.S. PALTAN BAZAR DIST. KAMRUP M ASSAM.
VERSUS
THE STATE OF ASSAM AND 3 ORS.
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM REVENUE DEPARTMENT DISPUR GUWAHATI 781006.
2:THE DISTRICT COMMISSIONER KAMRUP M HENGRABARI GUWAHATI-781036 ASSAM.
3:THE CO-DISTRICT COMMISSIONER NEW GUWAHATI CO-DISTRICT HENGRABARI GUWAHATI - 781036 ASSAM Page No.# 18/33
4:THE CIRCLE OFFICER GUWAHATI REVENUE CIRCLE ULUBARI GUWAHATI-781007.
------------
Advocate for : MD. A MATLIB Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 3 ORS.
Linked Case : WA/318/2025
BHUMIKA PATHAK MEDHI W/O. LT. PARAMANDA MEDHI RESIDENT OF ULUBARI BIRUBARI MOUZA ULUBARI PS PALTAN BAZAR DISTRICT KAMRUP M ASSAM PIN 781007
VERSUS
THE STATE OF ASSAM AND 3 ORS.
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM REVENUE AND DISASTER MANAGEMENT DEPARTMENT DISPUR GUWAHATI DISTRICT KAMRUP M ASSAM PIN 781006
2:THE DISTRICT COMMISSIONER HENGRABARI ROAD LICHUBAGAN HENGRABARI GUWAHATI DISTRICT KAMRUP M ASSAM PIN 781036
3:THE CO DISTRICT COMMISSIONER NEW GUWAHATI CO DISTRICT HENGRABARI ROAD LICHUBAGAN Page No.# 19/33
HENGRABARI GUWAHATI DISTRICT KAMRUP M ASSAM PIN 781036
4:THE CIRCLE OFFICER GUWAHATI REVENUE CIRCLE ULUBARI GUWAHATI DISTRICT KAMRUP M ASSAM PIN 781007
------------
Advocate for : MR. M J BHATTACHARYYA Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 3 ORS.
Linked Case : WA/329/2025
SMTI SAROJ DEVI W/O MITHILESH SINGH R/O OF VILLAGE BIRUBARI ULUBARI DR. B.R. AMBEDKAR NAGAR MOUZA-ULUBARI P.S. PALTAN BAZAR DIST. KAMRUP (M) ASSAM.
VERSUS
THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM REVENUE DEPARTMENT DISPUR GUWAHATI 781006.
2:THE DISTRICT COMMISSIONER KAMRUP M HENGRABARI GUWAHATI-781036 ASSAM.
3:THE CO DISTRICT COMMISSIONER Page No.# 20/33
NEW GUWAHATI CO-DISTRICT HENGRABARI GUWAHATI - 781036 ASSAM
4:THE CIRCLE OFFICER GUWAHATI REVENUE CIRCLE ULUBARI GUWAHATI-781007.
------------
Advocate for : MD. A MATLIB Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 3 ORS
Linked Case : WA/314/2025
KAILASH MAHASETH S/O. LT. AWADH MAHASETH RESIDENT OF ULUBARI BIRUBARI MOUZA ULUBARI PS PALTAN BAZAR DISTRICT KAMRUP M ASSAM PIN 781007
VERSUS
THE STATE OF ASSAM AND 3 ORS.
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM REVENUE AND DISASTER MANAGEMENT DEPARTMENT DISPUR GUWAHATI DISTRICT KAMRUP M ASSAM PIN 781006
2:THE DISTRICT COMMISSIONER METROPOLITAN DISTRICT HENGRABARI ROAD LICHUBAGAN HENGRABARI GUWAHATI DISTRICT KAMRUP M ASSAM Page No.# 21/33
PIN 781036
3:THE CO DISTRICT COMMISSIONER NEW GUWAHATI CO-DISTRICT HENGRABARI ROAD LICHUBAGAN HENGRABARI GUWAHATI DISTRICT KAMRUP M ASSAM PIN 781036
4:THE CIRCLE OFFICER GUWAHATI REVENUE CIRCLE ULUBARI GUWAHATI DISTRICT KAMRUP M ASSAM PIN 781007
------------
Advocate for : MR. T DEURI Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 3 ORS.
BEFORE HON'BLE THE CHIEF JUSTICE ASHUTOSH KUMAR HON'BLE MR JUSTICE ARUN DEV CHOUDHURY
For the Appellants : Mr. N.N.B. Choudhury, Advocate Mr. S. Dutta, Sr. Advocate assisted by Mr. R. Dhar, Advocate.
Mr. T. Deuri, Advocate.
For the Respondents : Mr. D. Saikia, Advocate General, Assam, assisted by Mr. R. Borpujari, Standing Counsel, Revenue Department.
Date of Hearing : 07.11.2025
Date of Judgment : 27.11.2025
Page No.# 22/33
JUDGMENT & ORDER (CAV)
(A.D.Choudhury, J)
1. All these batches of appeals have been taken up together for consideration.
2. We have heard Mr. N. N. B. Choudhury, learned counsel for the appellant in Writ Appeal No. 311/2025; Mr. S. Dutta, learned Senior Advocate, assisted by Mr. R. Dhar, Advocate for the appellants in Writ Appeal No.312/2025; Mr. T. Deuri, learned Advocate for the appellants in W.A. No.313/2025; W.A. No.314/2025; W.A. No.316/2025; W.A. No.317/2025; W.A. No.318/2025; W.A. No.319/2025; W.A. No.320/2025 and W.A. No.321/2025 and Mr. R. Dhar, learned Advocate for the appellants in W.A. No.315/2025; W.A. No.325/2025; W.A. No.326/2025; W.A. No.327/2025; W.A. No.328/2025; W.A. No.329/2025; W.A. No.330/2025; W.A. No.331/2025 and W.A. No.332/2025. Also heard Mr. D. Saikia, learned Advocate General, Assam, assisted by Mr. R. Borpujari, learned Standing Counsel, Revenue Department in a separate set of appeals.
3. All these appeals call into question the legality and validity of the common judgment and order dated 18.09.2025 rendered by the learned Single Judge, upholding the eviction of the appellants from the parcel of government land situated at Village: Ulubari, Mouza: Ulubari under Guwahati Revenue Circle.
4. The appellants claim to be landless persons belonging to the economically weaker section socially and indigenous people of Assam and contend that their occupation for more than three decades over the plot of land was bonafide and that they are entitle to rehabilitation under the Assam Land Policy, 2019 read with the Settlement Rules framed under Assam Land and Revenue Regulation, 1886 (hereinafter referred to as Regulation, 1886).
5. The fact that the land in question is government land and is not in dispute. Initially, the same was reserved for T.B. Hospital and subsequently for the establishment of a public hospital, is also not disputed by the appellants, except appellant in WA No.311/2025, who claims that he is occupying Govt. land under Dag No. 97, which is not reserved for the T.B. Hospital.
6. The Revenue Authority initiated the eviction proceeding in question by issuing notice under Rule 18(2) of the Settlement Rules. Such Notices were challenged by the appellants herein by Page No.# 23/33
filing separate and individual writ petitions.
7. The fundamental ground of the challenge was that the summary procedure of eviction under Rule 18 of the Settlement rules cannot be resorted to against the appellants, given that they have rights of settlement over the land under their occupation in terms of the Land Policy, 2019. Thus, a bona fide claim of right is involved. Yet another ground was that the appellants were not given reasonable opportunity of hearing.
8. A learned Single Judge, after taking note of the Land Policy, 2019 as well as the Settlement Rules, concluded in its judgement and order dated 07.11.2024 passed in WP(C) No./3715/2020 and in the connected cases, that the appellants were issued notice to vacate the land forthwith, without affording any opportunity to show cause and that the appellants have not been allowed to explain as to whether they have any bona fide claim to the right involved.
9. Referring to the determination made in Salak Uddin -Vs- State of Assam reported in 2024 4 GauLT 857, the learned single Judge held that the notices issued to the petitioners shall be construed as notices asking the petitioners to show cause as to why the petitioners should not be evicted by taking recourse to Rule 18 of the Settlement Rules.
10. Accordingly, the appellants were given liberty to submit individual replies substantiating their claim with documents and such evidence as deemed proper, thereby showing cause that the petitioners have a bona fide claim of right in respect of the land under their occupation and, therefore, that Rule 18 of the Settlement Rules is not applicable.
11. The Deputy Commissioner, Kamrup (M), was accordingly directed to give the appellants an opportunity of hearing, either personally or through their authorised representative, and thereafter to pass an appropriate speaking order. It was further provided that for a period of 30 days, no coercive measure should be taken to enable the appellants to avail themselves of appropriate remedies permissible under law, in the event the appellants are aggrieved by such speaking order.
12. Thereafter, the appellants filed their representations, and a speaking order dated 26.03.2025 was passed, by which their claims were rejected and, consequently, eviction notices were issued.
13. Such speaking orders were challenged in the second batch of writ petitions before the learned Single Judge in WP(C) No. 2128/2025 and the connected cases.
Page No.# 24/33
14. After hearing the learned counsel for the contesting parties and after perusal of the materials available on record, the learned Single Judge concluded that the representation of the appellants were duly considered and that based on such representation, an enquiry was carried out through the Co-District Commissioner, and, accordingly, a report dated 19.03.2025 was prepared; the District commissioner considered such report; the appellants were also given personal hearing and their statement were also recorded.
15. The learned Single Judge recorded that there is a clear finding that the land in question is government land reserved for the TB Hospital. The appellants were unlawfully occupying the land; therefore, the applications filed by the appellants for settlement of the land in accordance with the existing norms were found unacceptable and were accordingly rejected. Taking note of the aforesaid undisputed fact, the writ petitions were dismissed by the Judgment under challenge and the present batch of appeals is filed.
16. Mr. S. Dutta, learned Senior Counsel as well as Mr. S. Deuri, learned counsel for the appellants have confined their argument that as the land in question has already been reserved for construction of a hospital, the appellants may not be entitled to settlement over the land under their possession, however, in terms of Clause 14 of the Land Policy, 2019, more particularly, under Clause 14.3 and Clause 14.4, the appellants being landless indigenous persons are entitled to rehabilitation and, accordingly, this Court may direct for their rehabilitation and till such rehabilitation is made, their dwelling houses should not be demolished. In support, Mr. Dutta, learned Senior Counsel relies on the decision of the Hon'ble Apex Court in Olga Tellis -Vs- Bombay municipal Corporation reported in AIR 1986 SC 180 and Sudama Singh & Ors - Vs- Government of Delhi & Another reported in 2010 168 DLT 218.
17. Mr. N. N. B. Choudhury, learned counsel for the appellant in WA No. 311/2025, while endorsing the aforesaid argument, further argues that the occupation of land by his client is under Dag No. 97, which has never been reserved for the Hospital in question and for that reason, similarly situated persons occupying part of Dag No. 97 have already been settled with land. In support, he refers to the Minutes of the meeting held on 19.02.2022 in the Conference Hall of the Office of the Deputy Commissioner, Kamrup Metropolitan District, relating to allotment of land for the Medical College wherein, Dag No. 97 is not incorporated. The learned counsel, to buttress his argument, relies on the Settlement Order dated 03.01.2022, issued by the Deputy Commissioner, Kamrup Metropolitan District, Guwahati, in favour of the other persons Page No.# 25/33
who were settled land over Dag No. 97 and contends that the Deputy Commissioner in the said order has clearly mentioned that Dag No. 97 is not allotted in the name of the Hospital. According to him, his specific case pleaded in the writ petition was not dealt by the learned Single Judge, inasmuch as, the only stand of the State respondents before the learned Single Judge in this regard is that such settlement was wrongly granted and therefore, process of cancellation shall be initiated was accepted, without giving any finding on the Deputy Commissioner's order dated 03.01.2022 and 19.02.2022. It is also his argument that the speaking order passed by the District Commissioner did not deal with such a bona fide claim of his client.
18. Per contra Mr. D. Saikia, learned Advocate General, Assam representing the State referring to the pleadings made in each of the writ petitions, submits that on the face of the facts of the case projected by the petitioners themselves, they are not eligible for settlement either under Settlement Rules, or under Assam Land Policy, 2019 and therefore, at the behest of such persons, a public project for construction of hospital cannot be stalled.
19. According to the learned Advocate General, the record clearly reveals that the petitioners are not landless persons and they cannot claim even rehabilitation in terms of Assam Land Policy, 2019 in urban areas. According to him, some of the writ petitioners are not even indigenous people to claim the right of settlement. The learned Advocate General, contends that there are contemporaneous materials relied on by the writ petitioners themselves, which go to show that the petitioners have lands in their native places and, therefore, are not entitled to settlement within the Urban areas, more particularly within the city of Guwahati, under the Land Policy, 2019.
20. While countering the argument of Mr. N. N. B. Choudhury, learned counsel for the appellant in WA No. 311/2025, the learned Advocate General, Assam submits that the Dag No. 97 had been reserved for the Hospital and the authorities has wrongly settled the land in favour of some persons under Dag No. 97 on misconception of facts and wrong interpretation of Order passed by this High Court for consideration in writ petitions, filed by the said Settlees. Though this Court directed the consideration of settlement for those persons, the authorities took it to be a direction and accordingly settled the land in derogation of the Settlement Rules and the Land Policy, 2019, and the State is proposing to cancel such patta by following due process of law. Therefore, such erroneous order of settlement cannot confer right upon the petitioner for Page No.# 26/33
settlement, which was clearly noted by the learned Single Judge in its impugned order, the learned Advocate General concludes.
21. We have given anxious consideration to the arguments advanced by the learned counsel for the parties.
22. Before addressing the arguments of the learned counsel for the parties, let this Court, in brief, consider the provisions of settlement of government land under the scheme of Regulations, 1886 and the Settlement rules framed thereunder; also, under the Assam Land Policy, 2019.
23. A bona fide claim, in the present context, may involve a bona fide claim of right for settlement over Government khas land or waste land, as per the Settlement Rules and the Land Policy of the Government of Assam.
24. The other lands (lands previously reserved for roads or roadside lands, or for grazing of village cattle or for other public purposes or land where the occupant had entered into possession of land, from which he has been excluded by general or special order), are outside the purview of settlement. There may be various situations, where the disputes/bonafide claim is also raised in respect of these lands, which may include disputes pertaining to the boundary of such land or there may be disputes related to reservations or de-reservation land for grazing of village cattle/ for other public purpose or for that matter, there may be a dispute that the persons have been granted settlement in respect of such a land even before being previously reserved for the purpose etc.
25. Therefore, it will be necessary to delve into the relevant provision of the Regulation 1886 and the Land Policy 2019.
26. Settlements are primarily dealt with under the Settlement Rules framed under Regulation 1886.
27. Settlement has been defined under the Rule as the leasing of land which is at the government's disposal.
28. Chapter II of the Regulation, 1886, deals with rights over land. However, Section 4 under Chapter-II, exempts from the purview of granting rights over land in respect of forests constituted as reserve forests under any law for the time being in force, and any land that the State Government may, by notification, exempt from the operation of Chapter-II.
29. Waste land is defined under the Settlement Rules to mean land at the disposal of the Page No.# 27/33
government, which the government has not granted any lease or otherwise and which is not included in a reserved forest or in a forest proposed to be reserved under Section 5 of the Assam Forest Regulation, etc.
30. Rule 2 of the Settlement Rules vests power in the Deputy Commissioner to dispose of waste land by grant, lease or otherwise in the manner and subject to the condition prescribed in the Settlement Rules, with a further power to expressly reserve any such land from out of such settlement.
31. The Deputy Commissioner, under Rule 3 of the Settlement Rules, can delegate his power, by general or special order to any revenue officer within his jurisdiction, including the power to receive applications for settlement.
32. Another important Settlement Rule is Rule 5. It stipulates that applications for the settlement of waste land, or, for that matter, for the lease of waste land, shall be in writing and be presented to the Deputy Commissioner or to such other Officers as may be empowered by the Deputy Commissioner under Rule 3.
33. Rule 6 of the Settlement Rules visualises measurement and classification for purpose of settlement and further mandates a report from the Land Record staff, briefly stating whether the applicant belongs to any of the categories mentioned in Rule 8 and whether the land is available for settlement and suitable for the purpose mentioned in the application.
34. Rule 8 of the Settlement Rules stipulates the disposal of applications seeking the lease of waste land, which prescribes the preparation of a map, report, and investigation. However, it is silent as regards the eligibility for settlement.
35. After perusal of Rules 5, 6 and 8 of the Settlement Rules, this Court is of the opinion that the Rules are not clear as to the various parameters to be considered for the grant of a settlement. However, the Government of Assam has been notifying various land policies over time, and the most recent is the Land Policy, 2019. Such a policy addresses the eligibility and requirement for settlements, based on which settlements are to be made.
36. Rule 12 of the Settlement Rules empowers the Government to make rules for the disposal of government land and the ejectment therefrom of unauthorised occupiers, and Rule 13 empowers the Government to make rules for the allotment of grazing grounds.
37. Rule 15 of the Settlement Rules is essential to the present lis, inasmuch as such Rules prescribe Page No.# 28/33
that no person shall have any right to settlement merely because he is in occupation of land not included in any lease granted by the State government, either to himself or to any other person.
38. Rule 18 deals with the ejectment of a person from land over which no person has acquired the rights of proprietor or landholders, or settlement holders.
39. Rule 1(2)(b) of the Settlement Rules defines government land. The definition, read with Rule 18(2) of the Settlement Rules, makes it clear that no person would have a right to occupy lands previously reserved for other public purposes. Rule 18(2) of the Settlement Rules further clarifies that a person who enters into possession of land already excluded by general or special orders will have no right to occupy the same. Further, such a person is liable for imprisonment and a penalty.
40. From the Land Policy, 2019, it is clear that the Land Policy, 2019, is intended for the regularisation of long occupation of government land with landless indigenous persons and for the removal of illegal encroachment from different types of Government lands, VGRs, PGRs, and other reserved lands, Satra lands etc.
41. Clauses 1, 1.4, of Land Policy, 2019 are pari materia with Rule 15 of the Settlement Rules. It provides that mere possession by way of encroachment shall not be a criterion for entitlement to get allotments/settlements of government land. Such a policy further stipulates that Touzi Bahira Revenue would be collected only against allotted land, and that, for all other government lands, the government would stop collecting the encroachment penalty (Bedokholi Jorimona).
42. Clause 2 of the Land Policy, 2019, stipulates the disposal of land acquired under the Assam Fixation of Ceiling of Land Holdings Act, 1956 and under the Assam State Acquisition of Land Belonging to Religious or Charitable Institutions of Public Nature Act, 1959.
43. Clause 2.4 may be relevant in the present case, which stipulates that the ceiling acquired land which is not under tenancy and not yet allotted/settled, may be allotted expeditiously to deserving indigenous landless persons, as per the provisions of the respective Acts and in furtherance of the Government's Land Policy.
44. Clause 3 of the Land Policy, 2019, deals with the settlement of land for a homestead in rural areas, and the condition is that the applicant is an indigenous family that does not have any homestead land in the name of any family member anywhere in the entire State.
45. Clause 14 of the Land Policy, 2019, relates to settlement and reservation of land in towns. The Page No.# 29/33
first eligibility is that the person must be an indigenous person not having any homestead land in his name or in the name of his family in the State, however, subject to the condition that such person is required to reside in the Urban area including the Guwahati City by virtue of nature of occupation/service with a further condition that he has sufficient ground to justify that he has not been able to purchase land in Guwahati City/other town.
46. Clause 14.3 of the Land Policy, 2019 clarifies that such a settlement cannot be granted merely on the ground that the person concerned is in occupation of such land, irrespective of the period of such occupation or encroachment, with a further provision that it would be the policy of the State Government to consider settlement or to evict such persons as the case may be.
47. Protecting the bonafide claim of persons who are in continuous possession of land, since and
before 28th June, 2001, it is provided in the Land Policy that settlement of maximum 1 Katha 5 Lessa of land, in case of Guwahati and 1 Katha 10 Lessa's of land in case of other towns, as one time measure for homestead purpose is to be followed considering the prescription of Land Policy 1989.
48. In the case at hand, admittedly, the application made by the petitioner for settlement over the land has already been rejected.
49. To summarise, the appellant's occupation is undisputedly over government land. The land is reserved for a Hospital, an essential purpose. Therefore, by virtue of Rule 15 of the Settlement Rules, which prohibits the settlement of land reserved for public purposes, such land cannot be settled.
50. Now, coming to the procedure and need of issuance of Notices, a coordinate bench in Md.
Salak Uddin -Vs- State of Assam & Ors, laid down the proposition that under Rule 18(2) of the Settlement Rules the Deputy Commissioner or such authority duly empowered under Rule 3 of the Settlement Rules has to arrive at a subjective satisfaction that there is no bona fide claim of right and that Revenue authorities cannot be permitted to unilaterally decide as to whether an occupier/ possessor has a bona fide claim of right involved inasmuch as it would require adjudication of both law and facts, and without providing an opportunity to the occupier/possessor, would be in violation of the principle of natural justice, which in turn would violate Article 14,19 and 21 of the Constitution of India.
51. Under such circumstances, issuance of a notice shall be necessary to form a subjective Page No.# 30/33
satisfaction, which is in consonance with the principles of natural justice inasmuch as the same will facilitate a just, fair and transparent procedure, which are facets of Article 14, 19 and 21 of the Constitution.
52. However, in the case in hand, notices were issued, and the appellants have raised their claims to be bona fide; they were heard. Thus, the procedural fairness contemplated under Rule 18 (2) was observed.
53. Above that, when the appellants, except for appellants in WA No. 311/2025, themselves have admitted that the land they are occupying had already been reserved for TB Hospital/construction of Pragjyotishpur Medical college, in our opinion, they cannot have any bona fide right to claim for settlement over the land they are occupying and therefore, issuance of notice under Section 18(2) cannot be said to be without jurisdiction.
54. Now coming to the arguments of Mr. N.N.B. Chouhdury, learned counsel for the appellant in WA No. 311/2025, this Court is of the opinion that there are substances in his argument, so far the same relates to non consideration of his claim. It is true that in the settlement order dated 03.01.2022, the District Commissioner had recorded that Dag No. 97 is outside the land earmarked for the TB Hospital. Further from the minutes of the meeting dated 19.02.2022, which was held for allotment of land to the Pragjyotishpur Medical College, the Dag No. 97 is not incorporated. However, it is not clear, either from the record or affidavit in opposition filed by the State respondents why such facts was recorded in order dated 03.01.2022 and Minutes of the Meeting dated 19.02.2022. It is also not discernible from the record, when the land under Dag No. 97 was earmarked/reserved for the Hospital. However, we cannot be unmindful of the fact that there is no prescription under the Settlement Rules that when government land are being possessed by persons, the same cannot be subsequently reserved for any public purposes.
55. Be that as it may, in our considered opinion while dealing with the bona fide claim of the appellants in WA No. 311/2025, more particularly, in the backdrop of the litigational history as recorded hereinabove, the respondent District Commissioner, ought to have dealt with the contention raised in a better way that satisfies the mandates of Article 14 of the Constitution of India
56. To summarise, the appellants have substantially confined their argument before this Court to the entitlement of rehabilitation under Clauses 14.3 and 14.4 of the Assam Land Policy, 2019, while accepting that once the land is already reserved for a public purpose, eviction is Page No.# 31/33
inevitable. It is their further contention that, when eviction is imminent, in the given facts of the present case, the State is also obliged to extend a human and welfare-oriented approach by providing proper rehabilitation and/or resettlement before demolition of their dwelling houses. On the other hand, the learned Advocate General contends that the petitioners do not satisfy the eligibility criteria prescribed under law; some are not indigenous; some possess land in their native places; and the policy does not contemplate the settlement of encroachers within urban areas, particularly upon land earmarked for public infrastructure.
57. That being the position, in the considered opinion of this Court, the appellants cannot be settled with land which they are occupying, either under Rule 16 of the Settlement Rules, or in terms of Clause 14 of the Land Policy, 2019 and therefore, this court neither can term the speaking orders passed by the Deputy Commissioner, Kamrup (M), nor the notices issued under Section 18(2) as illegal or without jurisdiction, however, the speaking orders passed by the deputy commissioner, though procedurally valid, does not reflect a comprehensive enquiry and determination of the requirements for the rehabilitation of the individual petitioners under clauses 14.3 and 14.4, nor does it indicate individual factums regarding whether the appellants are indeed landless, indigenous, and eligible for relocation benefits/settlement elsewhere.
58. In our opinion, it requires a balancing of two constitutional imperatives: on one hand, the State's obligation to lawfully utilise its land for public purposes for larger societal benefit, and on the other hand, the imperative to protect vulnerable citizens from arbitrary displacement as elucidated by the Apex Court in Olga Tellis (supra) and by Delhi High Court in Sudama (supra) recognizing the right to shelter as integral to the right to life under Article 21 of the Constitution of India, though right to shelter may not be relatable to a specific area/location
59. The welfare State, even when enforcing lawful eviction, must ensure that the actions are informed by fairness, dignity and consideration for rehabilitation, consistent with the Directive Principles of State Policy, particularly Articles 38 and 39 of the Constitution of India, which mandate equitable distribution of resources and protection of weaker sections.
60. It is true that the Assam land policy, 2019, incorporates the aforesaid constitutional mandates by expressly providing rehabilitation benefits to landless indigenous persons, subject to verification of their socio-economic status and the absence of alternative land holdings.
61. While it is evident that appellant's possessions cannot be transformed into a legal right in the teeth of lawful reservation for a medical college; a project routed in overwhelming public Page No.# 32/33
interest, aligned with advancement of public health, which itself is a component of article 21 of the Constitution of India, it is equally imperative that the State must adhere to welfare measures embodied in its own polices.
62. For the reasons recorded hereinabove, this Court therefore finds that while the eviction notices and reservation of land for a medical college are legally sustainable, the question of rehabilitation has not been duly and fully addressed.
63. The State, as a model welfare entity, cannot push citizens into homelessness without due determination of their rights and eligibility for rehabilitation under applicable policies. Application of such principles does not undermine public interest but strengthens social justice in the course of development.
64. Consequently, while upholding the validity of the eviction, this Court directs the State authorities, more particularly, Principal Secretary to the Government of Assam, Revenue and Disaster Management department and the Deputy Commissioner, Kamrup (M) to undertake a fresh, individualised assessments of rehabilitation claim of each of the appellants strictly in terms of the Assam Land Policy, 2019 and Settlement Rules framed under Regulations, 1886. Such assessment shall involve proper verification of landlessness, indigenous status, socio- economic vulnerability and absence of alternative accommodation. (Emphasis provided)
65. Therefore, in the fitness of thing, it will be appropriate to direct the respondent authorities more particularly, the District Commissioner to consider this aspect of the matter while carrying out the exercise directed hereinabove.
66. In addition, it is directed that while carrying out the exercise directed hereinabove, the claims raised by the writ appellants in WA No. 311/2025 as regards status of dag No.97 shall also be considered.
67. The exercise shall be completed within a period of 90 days from today.
68. Taking note of submissions of the learned Advocate General, Assam, that the construction of the hospital is already completed, and land occupied by the appellants is required for future expansion and for ancillary activities, in our considered opinion, ends of justice would be met, if it is provided that till such determination is made, no coercive steps shall be taken to demolish the existing dwelling houses of the appellants.
69. While parting with the record, we notice yet another aspect of the matter that the prescribed Page No.# 33/33
format and the affidavit required to be filed when a citizen applies for settlement of government land, do not incorporate all the information which requires consideration at the hand of the State in terms of the Land Policy' 2019, absence of which may create disputes as has arisen in the present case and therefore, in our view such affidavit/format of application requires substantive improvement/alteration incorporating all the essential conditions for settlement of Govt. land, envisaged in the land Policy' 2019 to arrive at just decision.
70. We order accordingly, to do the necessary improvement/alteration in the prescribed format and affidavit required to be filed when a citizen applies for settlement of Govt. land, envisaged in the land Policy, 2019.
71. With the aforesaid, reasons, observations, direction, the Writ Appeals stands disposed of.
Parties to bear their own cost.
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