Mohibul Islam v. The State of Assam and 6 Ors

ORDER

03.04.2024 Heard Mr. M.U. Mondal, learned counsel for the petitioner. Also heard Mr. A. Bhattacharya, learned Standing Counsel Revenue for respondent No. 2 and Mr. S. Baruah, learned Government Advocate, Assam for respondent Nos. 1, 3 to

¶7This is an application under Article 226 of the Constitution of India, wherein the petitioner is canvassing the inaction of the respondent authorities in allotting/settling the land measuring 4 Lecha covered by Dag No. 202 at Village Bilasipara Sadar bounded by East-Subash Saha, West-Govt. Land, North-Gautom Chakrovorty and others and South P.W.D. Road under Bilasipara Revenue Circle, Dist – Dhubri. Page No.# 3/4 The case of the petitioner is that the petitioner is an indigeneous educated unemployed landless person, who has been possessing a plot of land measuring as stated above w.e.f. 23.05.1996 upto till date, wherein he has constructed a small grocery shop and Bettlenut shop by paying Touzi Bahira Revenue (TBR) w.e.f. 1996 – 2011. It is the further case of the petitioner that he has applied for settlement/allotment for the said plot of land by various applications, which were annexed as Annexure-7, 8 & 9 to the writ petition. However, the said applications have not been considered till date. I have heard the submissions made at the bar and have perused the materials available on record. Mr. A. Bhattacharya, learned Standing Counsel Revenue Department submits that the Government has framed new Land Settlement Policy, which is Land Policy, 2019 and the said Policy shall apply to the case of the petitioner. Considering that the grievance of the petitioner that his land for allotment/settlement of the subject land has not been considered by the competent authority, this Court is of the considered view that this writ petition can be disposed of with a direction to the competent authority, especially respondent No. 3 to consider the application/representation of the petitioner for allotment/settlement of the subject land within a period of 1 month from the date of receipt of the fresh application/representation filed by the petitioner. As and when the said application is filed by the petitioner, the competent authority (respondent No. 3) shall consider the same in accordance with law. Page No.# 4/4 With the aforesaid observation and direction, the writ petition stands disposed of. JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010270292018 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/8472/2018o MOHIBULoISLAMo S/O-oABDULoRAHMAN,oR/O-oANANDAoNAGAR,oWARDoNO.o1,oBILASIPARA,o P.O.oBILASIPARA,oP.S.oBILASIPARA,oDIST-oDHUBRIo(ASSAM),oPIN-o783348 VERSUSo THEoSTATEoOFoASSAMoANDo6oORS.o REP.oBYoTHEoCHIEFoSECY.,oGOVT.oOFoASSAM,oDISPUR,oGHY-6 2:THEoCOMM.oANDoSECY. oTOoTHEoGOVT.oOFoASSAM oREVENUEoANDoSETTLEMENToDEPTT. oDISPUR oGHY-6 3:THEoDY.oCOMMISSIONER oDHUBRI oP.S.oANDoP.O.oDHUBRI oPIN-o783301 4:THEoSETTLEMENToOFFICER oDHUBRI oP.O.oANDoP.S.oANDoDIST-oDHUBRI oASSAM oPIN-o783301 5:THEoSUB-DIVISIONALoOFFICERo(C) oBILASIPARA oP.O.oANDoP.S.oBILASIPARA oDIST-oDHUBRI oASSAM oPIN-o783348 Page No.# 2/4 6:THE CIRCLE OFFICER BILASIPARA REVENUE CIRCLE P.O. AND P.S. BILASIPARA DIST- DHUBRI ASSAM PIN- 783348 7:THE OFFICER-IN-CHARGE BILASIPARA P.S. P.O. AND P.S. BILASIPARA DIST- DHUBRI ASSAM PIN- 78334 Advocate for the Petitioner : MR. M U MONDAL Advocate for the Respondent : GA, ASSAM (R1,3TO7) BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI