Gauhati High Court

WP(C)/7573/2023 of HAZERA BEWA Vs THE STATE OF ASSAM AND 4 ORS. on 18 June 2026

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GAHC010207482023 2026:GAU-AS:8912 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/7573/2023 HAZERA BEWA D/O- LATE JYOTI MAMUD SHEKH, R/O- GHUNIMARI, P.O. AND P.S. CHAPAR, DIST. DHUBRI, PIN- 783371. VERSUS THE STATE OF ASSAM AND 4 ORS.

GAHC010207482023

2026:GAU-AS:8912

THE GAUHATI HIGH COURT

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

Case No. : WP(C)/7573/2023

HAZERA BEWA

D/O- LATE JYOTI MAMUD SHEKH, R/O- GHUNIMARI, P.O. AND P.S.

CHAPAR, DIST. DHUBRI, PIN- 783371.

VERSUS

THE STATE OF ASSAM AND 4 ORS.

REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE

GOVERNMENT OF ASSAM, REVENUE AND DISASTER MANAGEMENT

DEPARTMENT, DISPUR, GUWAHATI-6.

2:THE DEPUTY COMMISSIONER

DHUBRI

DIST. DHUBRI

ASSAM

3:THE SUB-DIVISIONAL OFFICER (CIVIL)

BILASIPARA

DIST. DHUBRI

ASSAM

4:SETTLEMENT OFFICER

DHUBRI AND KOKRAJHAR

DIST. DHUBRI

ASSM

5:ASSISTANT SETTLEMENT OFFICER

CHAPAR REVENUE CIRCLE

DIST. DHUBRI

ASSA

For the Petitioner(s) : Mr. N. Pathak, Advocate For the Respondent(s) : Ms. N. Bordoloi, SC, Revenue Ms. M. Barman, GA

BEFORE

HON’BLE MR. JUSTICE DEVASHIS BARUAH

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O R D E R

19.06.2026

Heard Mr. N. Pathak, the learned counsel appearing on behalf of the Petitioner. Ms. N. Bordoloi, the learned counsel appears on behalf of the Revenue Department of the Government of Assam and Ms. M. Barman, the learned counsel appears on behalf of the Respondent Nos.2, 3, 4 & 5.

2. The Petitioner herein is aggrieved by the communication dated 01.04.2022 whereby the Joint Secretary to the Government of Assam, Revenue and Disaster Management Department has returned the proposal for the settlement of land in favour of the Petitioner to the Deputy Commissioner, Dhubri District for resubmitting the proposal as per the Land Policy, 2019 with the latest zonal valuation and necessary documents, information and justification. The Petitioner has challenged the said communication dated 01.04.2022 on the ground that the Petitioner’s recommendations were made at a time when the Assam Land Policy, 1989 was in force.

3. It is very pertinent to take note of that the land policies of the State are policies adopted by the State for the purpose of equal and reasonable distribution of the material resources of the State.

4. Taking into account that the Assam Land Policy, 2019 is holding the field, this Court cannot direct consideration of the case of the Petitioner in terms with the Assam Land Policy, 1989 which is no longer in existence.

5. This Court also takes note of the communication which has been placed by Ms. N. Bordoloi, the learned Standing Counsel of the Revenue and Disaster Management Department dated 19.06.2026 issued by the Additional Secretary to the Government of Assam, Revenue and Disaster Management (S&S) Department wherein it is mentioned that the Department is actively pursuing the matter and necessary steps are being taken to place the proposal before the Cabinet at the earliest opportunity. The said communication is kept on record and marked with the letter “X”.

6. In that view of the matter, as the Respondents are taking steps for considering the case for allotment of the land to the

Petitioner, it is the opinion of this Court that further continuation of the instant proceedings is no longer necessary. Be that as it may, as the Respondent Authorities are duly taking steps for the purpose of allotment of land to the Petitioner, the same be expedited taking into account that the Petitioner had applied for allotment in the year 2010.

7. With the above, the instant writ petition stands disposed of.

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