2025 Supreme(Online)(Gau) 8253
HIGH COURT OF GAUHATI
MR. JUSTICE MANISH CHOUDHURY
NAVA KUMAR SARMAH – Appellant
Versus
THE STATE OF ASSAM AND 4 ORS. – Respondent
WP(C) / 7052 / 2024
4. It was urged in the writ petition, W.P.[C] no. 5581/2022 that the family of the petitioner was in occupation of the subject-plot since long and in view of their such long occupation, the family would be entitled for allotment/ settlement of the subject-plot. It was canvassed that the father of the petitioner preferred an application for such allotment/settlement in the year 2007 and the respondent authorities were taking a long time to process the application for allotment/settlement of the subject-plot. In the course of hearing of the writ petition, W.P.[C] no. 5581/2022, it was stated that the Circle Officer, Harisinga Revenue Circle after processing the proposal for allotment/settlement in respect of the subject-plot, had forwarded the proposal along with the necessary report to the Member Secretary of the concerned Land Advisory Board for further consideration. It was, thus, contended that as the respondent authorities had not brought the process of allotment/settlement of the subject-plot to any conclusion, the petitioner had to institute the writ petition, W.P.[C] no. 5581/2022 seeking a direction to the respondent authorities to process and pass necessary order on the application seeking allotment/allotment of the subject-plot.
5. In the course of hearing of the writ petition, W.P.[C] no. 5581/2022, the learned Standing Counsel, BTC had submitted that the proposal of allotment/settlement in respect of the subject-plot was under process in the Land Revenue Department, BTC and a decision, in accordance with law, would be taken in that connection.
6. Taking note of the above submissions made by the learned counsel for the parties, the writ petition, W.P.[C] no. 5581/2022 was disposed of by an Order dated 07.02.2024 with a direction to the respondent authorities to bring the proposal regarding allotment/settlement of the subject-plot processed in respect of the petitioner to a conclusion. It was further observed that the respondent authorities should bring the process to a conclusion with utmost expedition, but within an outer limit of three months from 07.02.2024.
7. It transpires that subsequent to disposal of the writ petition, W.P.[C] no. 5581/2022, the Secretary, BTC had accorded approval to the proposal for settlement of an area of land, measuring 1 Katha 10 Lessas, covered by Dag no. 1563, at Tangla Town [‘the subject-plot’, for short] and the decision regarding approval for settlement of the subject-plot was communicated to the Circle Officer, Harisinga Revenue Circle by a Communication bearing no. BTC/LR-580/2022/74 dated 10.07.2024. For ready reference, the the said Communication are quoted hereinbelow in its entirety, :-
th NO. BTC/LR-580/2022/74 Dated Kokrajhar, the 10 July, 2024 From : XXXXXXXXXX Joint Secretary Bodoland Territorial Council Kokrajhar.
To : The Circle Officer, Harisinga Revenue Circle Harisinga, Dist. Udalguri.
Sub : Approval for settlement of land Ref : No. HRC/Misc-2/2022/63. Dt.30/01/2023 Sir, With reference to the subject cited above, I am directed to say that the Boroland Territorial Council is pleased to approve the proposal for settlement of land to the following beneficiary submitted by you vide letter under reference which was duly approved by the SDLAC, Bhergaon Sub-Division in it’s meeting held on 07/11/2022 at Kalaigaon Revenue Circle, Kalaigaon.
The land record may be corrected after realisation of the premiums and deposit the premium through Treasury Challan/Bank Draft under the Head of Account “8443” Civil Deposit-Personal Deposit in favour of Principal Secretary, BTC, Kokrajhar payable at SBI, Kokrajhar Branch.
This has reference of Hon’ble Gauhati High Court Case in W.P.[C] 5581/2022 : Naba Kumar Sarma vs. The State of Assam & Ors.
Yours faithfully, Secretary Bodoland Territorial Council Kokrajhar.
8. The present petition is preferred by the petitioner who was also the petitioner in W.P. [C] no. 5581/2022, seeking inter-alia a direction to the State respondents to realise the premium