Ajoy Kumar Ghosh and 3 Ors v. The State of Assam and 2 Ors

O R D E R

22.01.2024 The petitioners herein have filed the writ petition being aggrieved by the inaction on the part of the respondent authorities in not granting allotment/settlement of the land in their favour wherein they claim to be in lawful possession for the last many decades. The petitioners have also submitted a representation before the Assistant Settlement Officer on

16.05.2017 which has also been not considered. It is under such circumstances, the instant writ petition has been filed.

¶2This Court has also perused the affidavit-in-opposition filed by the respondent No.2 wherein it has been mentioned that pursuant to the order passed by this Court on 20.03.2017 in WP(C) No.856/2013, various steps have been taken for joint survey and the said process is presently Page No.# 3/3 going on.

¶3Be that as it may, this Court also finds it very pertinent to note that for the purpose of applying for the settlement of the land, the Settlement Rules categorically envisage filing application to the Deputy Commissioner which however admittedly have not been done.

¶4I have also heard Mrs. U. Das, the learned Additional Senior Government Advocate, Assam who submits that presently the State of Assam has the Land Policy of 2019, and as such, if the petitioners wish to get settlement of the land, the same has to be done in terms with the said Land Policy of 2019.

¶5Taking into account the above, this Court disposes of the writ petition thereby grating liberty to the petitioners to apply in terms with the Settlement Rules framed under the Assam land and Revenue Regulations, 1886 read with the Land Policy of 2019.

¶6It is made clear that if the petitioners duly apply for the same in the manner prescribed, then the respondent authorities shall duly consider the same in accordance with law.

¶7In view of the above, the instant writ petition stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010193592020 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/104/2021o AJOYoKUMARoGHOSHoANDo3oORSo S/OoLATEoMOHENDRAoKUMARoGHOSH,oR/OoVILL.oANDoP.O.oUDHARBOND,o DIST.oCACHAR,oASSAM,oPINo788030 2:oSWAPANoKANTIoNAG oS/OoLATEoSURESHoCHANDRAoNAG oR/OoVILL.oJAPIRBONDoPART-II oP.O.oUDHARBOND oDIST.oCACHAR oASSAM oPINo788030 3:oSHYAMAPADAoROY oS/OoLATEoBONOBIHARIoROY oR/OoVILL.oJAPIRBONDoPART-II oP.O.oUDHARBOND oDIST.oCACHAR oASSAM oPINo788030 4:oARINDAMoCHOUDHURY oS/OoLATEoAMARENDRAoCHOUDHURY oR/OoVILL.oJAPIRBONDoPART-II oP.O.oUDHARBOND oDIST.oCACHAR oASSAM oPINo78803o VERSUSo THEoSTATEoOFoASSAMoANDo2oORSo TOoBEoREPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECY.oTOoTHEoGOVT.o OFoASSAM,oREVENUEoDEPTT.,oDISPUR,oGUWAHATIo6 Page No.# 2/3 2:THE DEPUTY COMMISSIONER CACHAR P.O. AND P.S. SILCHAR DIST. CACHAR ASSAM. 3:THE ASSTT. SETTLEMENT OFFICER SILCHAR SADAR P.O. AND PS. SILCHAR DIST. CACHAR ASSAM Advocate for the Petitioner : Mr. M. H. Laskar, Advocate Advocate for the respondents : Mrs. U. Das, Addl. Sr. Govt. Advocate BEFORE HON'BLE MR. JUSTICE DEVASHIS BARUAH