Chudin Marak and 12 Ors v. The State of Assam and 5 Ors

ORDER

20.08.2024

Heard Mr. AR Sikdar, the learned counsel appearing on behalf of the Page No.# 4/5 petitioners.

¶2Mr. N Goswami, the learned Junior Government Advocate appears on behalf of the District Administration and Mr. J Handique, the learned counsel appears on behalf of the Revenue Department, Government of Assam.

¶3The petitioners herein who are 13 in number have approached this Court being aggrieved by the inaction on the part of the respondent authorities in not taking into consideration their application for settlement filed on 31.11.2022.

¶4This Court has duly taken note of the Land Policy of 2019 as well as Rule 5 of the Settlement Rules. As per Rule 5 of the Settlement Rules, an application for lease of waste land has to be presented to the District Commissioner or to other Officer as empowered by the District Commissioner under Rule 3. The said application has to be in the Form 125 and Form 126. In addition to that, it is also apprised by Mr. N Goswami, the learned Junior Government Advocate appearing on behalf of the District Administration that the petitioners can also apply in the Mission Basundhara-3.0 portal.

¶5This Court has also taken note of the Land Policy of 2019 wherein the manner and procedure has been laid down as to how the application for allotment and settlement can be processed.

¶6In the instant case, however, it is seen that 161 persons have joined together submitting an application seeking settlement. Such an application in the opinion of this Court has been rightly not taken into consideration, as the same is not as per the mandate of law.

¶7Accordingly, this Court is not inclined to issue any direction on the relief so sought for. However, this Court observes that the petitioners herein would be at liberty to file individual application seeking settlement in terms with Rule 5 of Page No.# 5/5 the Settlement Rules and or in the Mission Basundhara-3.0 Portal and if such an application is made, the respondent authorities shall duly consider the same in accordance with the extant law.

¶8With the above, this writ petition stands disposed of.

¶9Interim order, if any, stands vacated.

JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010258772022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/8223/2022o CHUDINoMARAKoANDo12oORSo S/O.oLT.oMEGANATHoSANGMA, 2:oGOBINDAoHAJONG oS/O.oLT.oAMULYAoHAJONG 3:oAZIToKUMARoDALU oS/O.oLT.oASHOKoKR.oDALU 4:oRAGHUNATHoKOCH oS/O.oLT.oRAMANANDAoKOCH 5:oSURJYAoDAS oS/O.oNIKUNJAoKOCH 6:oUJJOLoKOCH oS/O.oNIKUNJAoKOCH 7:oBINODoDALU oS/O.oLT.oNEPALoDALU 8:oNILKAMALoDAS PageoNo.#o2/5 oS/O.oLT.oNITAIoDAS 9:oPADAMoBAHADURoGURUNG oS/O.oLT.oSHERoBAHADURoGURUNG 10:oDEBARAJoDALU oS/O.oLT.oRAJoMOHANoDALU 11:oKANAKoRAY oS/O.oLT.oJOGESHWARoRAY 12:oSUBHASHoSARKAR oS/O.oLT.oKRISHNA 13:oNIRMALoKUMARoMINGI oS/O.oJOBONoMINGI oALLoAREoRESIDENTSoOFoVILL.oRAKHYASHINIoJHAR oP.O.oRAKHYASHINI oP.S.oMORNAI oDIST.oGOALPARA oASSAMo VERSUSo THEoSTATEoOFoASSAMoANDo5oORSo REP.oBYoTHEoCOMM.oANDoSECY.oTOoTHEoGOVT.oOFoASSAM,oREVENUEoAND REHABILITATIONoDEPT.,oDISPUR,oGUWAHATI-06. 2:THEoSTATEoOFoASSAM oREP.oBYoTHEoCOMM.oANDoSECY.oENVIRONMENToANDoFORESToDEPT. oJANATAoBHAWAN oDISPUR oGUWAHATI-06. 3:THEoPRINCIPALoCHIEFoCONSERVATORoOFoFORESToANDoHEADoOFo FORESToFORCE oASSAM oARANYAoBHAWAN Page No.# 3/5 PANJABARI GUWAHATI-37. 4:THE DIVISION FOREST OFFICE GOALPARA DIVISION GEETA NAGAR GOALPARA-21. 5:THE DY. COMMISSIONER GOALPARA P.O. AND DIST. GOALPARA ASSAM PIN-782442. 6:THE CIRCLE OFFICER MATIA REVENUE CIRCLE DIST. GOALPARA ASSAM PIN-783125 Advocate for the petitioner(s): Mr. AR Sikdar Advocate for the respondent(s): Mr. N Goswami Junior Government Advocate, Assam Mr. J Handique, Standing Counsel, Revenue Department Government of Assam B E F O R E HON'BLE MR. JUSTICE DEVASHIS BARUAH