Imrana Khanam v. The Union of India and 5 Ors

ORDER Date : 22.07.2024

Heard Mr. H. R. Choudhury, the learned counsel appearing on behalf of the petitioner; Mr. R. Borpujari, the learned Standing Counsel appearing on behalf of the Revenue Department, Government of Assam; Mr. B. Chakravarty, the learned CGC appearing for respondent No. 1; Ms. S. Baruah, the learned counsel appearing on behalf of the respondent Nos. 3, 4, 5 and 6.

¶2The petitioner herein is aggrieved by the inaction on the part of the respondent authorities, more particularly, the respondent Nos. 2 and 5 in not granting settlements of land to the petitioner in spite of the fact that the petitioner had duly applied.

¶3It is the case of the petitioner that the petitioner along with her husband used to reside in the border area. However, on account of certain actions taken by the BSF authorities the petitioner and her husband were removed from their place of residence. Pursuant thereto, the husband of the petitioner had expired. The petitioner had submitted an application on

06.03.2023, in terms with Land Policy of 2019 before the Deputy Commissioner, Karimganj for allotment of a plot of land for residential purpose. However as no steps were taken, the petitioner had approached this Court. Page No.# 3/3

¶4Mr. R. Borpjuari, the learned counsel appearing on behalf of the Respondent Revenue Department submitted that for applying for settlement, the same can be done either by way of applying through the Basundhara 2 Portal or by way of filing an application in the tabular format to the District Commissioner of the concerned District as provided in Form No. 125 and Form No. 126.

¶5The learned counsel appearing on behalf of the petitioner submits that the petitioner would duly file the necessary applications in the in manner which it is prescribed. Taking into account the above, the instant writ petition stands disposed of thereby granting the liberty to the petitioner to file appropriate application seeking settlement of land in terms with the Land Policy of 2019 either through the Basundhara 2 Portal or by filing an application to the concerned District Commissioner in the proper format. It is observed that in the circumstances, the petitioner submits the application seeking settlement, the respondent authorities, more particularly, the District Commissioner Karimganj district shall duly consider the case of the petitioner in accordance with the Land Policy 2019 and dispose of the said application. The District Commissioner, Karimganj shall also duly take note of the fact that the petitioner is a widow and had been displaced on account of residing in the border area.

¶6The writ petition accordingly stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010034072024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/945/2024o IMRANAoKHANAMo W/O-oLATEoSIRAJoUDDIN,oR/O-oVILL.-oPIERCHAK,oP.O.oTILLABAZAR,oP.S.o ANDoDIST.oKARIMGANJ,oASSAM VERSUSo THEoUNIONoOFoINDIAoANDo5oORSo REPRESENTEDoBYoITSoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.o OFoINDIA,oMINISTRYoOFoHOMEoAFFAIRS,oNEWoDELHI-01. 2:THEoSTATEoOFoASSAM oREPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.o OFoASSAM oREVENUEoDEPARTMENT oDISPUR oGUWAHATI-6. 3:THEoCOMMISSIONERoANDoSECRETARY oBORDERoAREAoDEVELOPMENToDEPARTMENT oDISPUR oGHY-06. 4:THEoDEPUTYoINSPECTORoGENERAL oBORDERoSECURITYoFORCE oF.T.R. oHEADoQUARTERSoMoANDoCoMASIMPUR oSILCHAR-25. 5:THEoDISTRICToCOMMISSIONERoOFoKARIMGANJoDISTRICT oMAINoROAD oKARIMGANJ oDIST.oKARIMGANJ oASSAM oPIN-o788710. Page No.# 2/3 6:THE CIRCLE OFFICER KARIMGANJ SADAR CIRCLE P.O. SETTLEMENT ROAD KARIMGANJ DIST. KARIMGANJ ASSAM PIN- 788710 Advocate for the petitioner(s) : Mr. H. R. Choudhury Advocate for the respondent(s): Mr. R. Borpujari (Standing Counsel,Revenue Department) Mr. B. Chakravarty (CGC) Ms. S. Baruah BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH