GAHC010230682025 2025:GAU-AS:14750

THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/6119/2025

AZIZUL HOQUE

SON OF LATE NASHIR UDDIN, ADABARI, SAGAALCHARAA, DHUBRI,

ASSAM VERSUS

THE STATE OF ASSAM

REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT

OF ASSAM, REVENUE AND DISASTER MANAGEMENT DEPARTMENT,

DISPUR, GUWAHATI, ASSAM

2:THE DISTRICT COMMISSIONER

DHUBRI ASSAM

3:THE CIRCLE OFFICER

DHUBRI

REVENUE CIRCLE

DHUBRI

ASSA

Advocate for the Petitioner : MR ASRAFUL ISLAM, E HUSSAIN

Advocate for the Respondent : SC, REVENUE, GA, ASSAM

BEFORE

HONOURABLE MR. JUSTICE MANISH CHOUDHURY

ORDER

31.10.2025

Heard Mr. A. Islam, learned counsel for the petitioner; Ms. G. Hazarika, learned Standing Counsel, Revenue & Disaster Management Department for the respondent no. 1; and Mr. B.J. Talukdar, learned Senior Counsel assisted by Mr. P.K. Medhi, learned Junior Government Advocate for the respondent nos. 2 & 3.

2. The case of the petitioner, in brief, is that he is in occupation of a plot of Government land measuring 1 Bigha 4 Kathas 8 Lessas, which is ceiling surplus land, since a long time. The said plot of land is covered by Dag no. 1214 situate at Revenue Village – Adabari Part – 1, Dhubri Revenue Circle, District – Dhubri [‘the subject-plot’] and the subject-plot is a part of an area of land measuring 6 Bighas 4 Kathas 5 Lessas under Dag no. 1214. The petitioner’s name has been recorded in Jamabandi as dakhalker [encroacher] against the subject-plot.

3. The petitioner has approached this Court after he has been served with a notice bearing no. D.B.C. 07/2025/62 dated 00.08.2025 issued purportedly in August, 2025 by the respondent no. 3 under Rule 18[2] of the Settlement Rules framed under the Assam Land and Revenue Regulations, 1886. In the said notice, the petitioner is shown as one of the four noticees. In the notice, it is stated that the four noticees are in occupation of an area of land measuring 6 Bighas 4 Kathas 5 Lessas under Dag no. 1214 at Revenue Village – Adabari Part – 1, Dhubri Revenue Circle, District – Dhubri.

4. The petitioner has stated that as he is in occupation of the subject-plot since long, he made an application for allotment/settlement of the subject-plot before the authorities on 15.11.2024. But to his surprise, the petitioner has come to learn that the area of 6 Bighas 4 Kathas 5 Lessas under Dag no. 1214 at Revenue Village – Adabari Part – 1, Dhubri Revenue Circle, District – Dhubri has been allotted by the Revenue and Disaster Management Department, Government of Assam on 20.03.2025 in favour of Vivekananda Rock Memorial and Vivekananda Kendra Kannyakumari by issuing a Khiraj Myadi Patta no. 914.

5. The prime contention of the petitioner is that the time period of seven days given in the impugned notice to vacate the subject-plot to the petitioner is clearly against the mandate of law.

6. Ms. Hazarika, learned Standing Counsel, Revenue and Disaster Management Department and Mr. Talukdar, learned Senior Counsel appearing for the other State respondents have submitted that the petitioner is clearly in unauthorized occupation of the subject-plot, which is a Government land, and the State has the discretion to allot or settle a piece of Government land as per the Land Policy.

7. Rule 18[2] of the Settlement Rules framed under the Assam Land and Revenue Regulations, 1886 reads as under :-

18[2] When such person has entered into possession of Government khas land, or Waste land or estate over which no person has acquired the rights of a proprietor, land-holder or Settlement-holder or any land that has previously been reserved roads or roadside land or for the grazing of village cattle or for other public purposes, or has entered into possession of land from which he has been excluded by general or special orders and when further, there is no bonafide claim of right involved he may be ejected or ordered to vacate the land forthwith, and the Deputy Commissioner may sell, confiscate or destroy