Gauhati High Court
WP(C)/2448/2024 of GOPAL MANDAL Vs THE STATE OF ASSAM AND 3 ORS on 14 June 2026
GAHC010087072024 2026:GAU-AS:8560 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2448/2024 GOPAL MANDAL S/O LATE PRABHAKAR MANADAL, R/O H.NO. 26, NEAR KALI MANDIR, ARYA PATH-2 (RAMESHWAR PATHAK PATH), ARYA VIDYAPEETH GIRLS HOSTEL ROAD,
GAHC010087072024
2026:GAU-AS:8560
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2448/2024
GOPAL MANDAL
S/O LATE PRABHAKAR MANADAL, R/O H.NO. 26, NEAR KALI MANDIR, ARYA PATH-2 (RAMESHWAR PATHAK PATH), ARYA VIDYAPEETH GIRLS
HOSTEL ROAD, GOPINATH NAGAR, GUWAHATI, ASSAM, PIN-781016
VERSUS
THE STATE OF ASSAM AND 3 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF ASSAM, REVENUE AND DISASTER MANAGEMENT
DEPARTMENT, DISPUR, GUWAHATI, ASSAM, PIN-781006
2:THE DISTRICT COMMISSIONER
KAMRUP (M)
GUWAHATI
ASSAM
3:THE ADDITIONAL DISTRICT COMMISSIONER
KAMRUP (M)
LAND SETTLEMENT BRANCH
OFFICE OF THE DISTRICT COMMISSIONER
GUWAHATI
ASSAM
4:THE CIRCLE OFFICER
GUWAHATI REVENUE CIRCLE
ULUBARI
GUWAHATI
ASSA
Advocate for the petitioner(s): Mr. S Borthakur, Senior Advocate Mr. S Dey Advocate for the respondent(s): Mr. BJ Talukdar, Senior Advocate Mr. DJ Medhi B E F O R E
HON’BLE MR. JUSTICE DEVASHIS BARUAH
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ORDER
15.06.2026
Heard Mr. S Borthakur, the learned Senior Counsel assisted by Mr. S Dey, the learned counsel appearing on behalf of the petitioner. Also heard Ms. G Hazarika, the learned counsel who appears on behalf of respondent No.1. and Mr. BJ Talukdar, the learned Senior Counsel, assisted by Mr. PK Medhi, the learned counsel, who appears on behalf of the respondent Nos.2, 3 and 4.
2. The petitioner has approached this Court seeking a direction upon the respondent authorities to rehabilitate the petitioner and his family by allotting them a suitable plot of land upon being evicted from the land ad-measuring 1 katha covered by Dag No.90(old)/370(new) in Arya Nagar, Girls Hostel Raod, Sahar Ulubari Part- III, under Ulubari
Mouza, in the District of Kamrup (Metro) Guwahati.
3. This Court has duly taken note of that the petitioner had filed applications for settlement on various dates i.e. on 21.06.1993, 14.10.2019, and 27.01.2023.
4. It is the opinion of this Court that merely because of the fact that a person who has trespassed into a Government land is evicted, he has no better right than any other indigenous inhabitants of Assam to get allotment of a plot of land.
5. It is the further opinion of this Court that the petitioner has a right in terms with the Assam Land Policy of 2019 to seek allotment of a plot of land, and if the petitioner satisfies the parameters set out in the said land policy, the petitioner is entitled for allotment of land.
6. This Court also cannot turn a blind eye to the fact that allotment of the land by the State is also depended upon the availability of the material resources of the State. Under such circumstances, it is the opinion of this Court that if the petitioner applies for allotment as per the applicable schemes of the Government of Assam for allotment of land under the Assam Land Policy of 2019, the respondents herein should consider the application of the petitioner, and grant allotment.
7. Accordingly, the instant writ petition stands disposed of with the following observations and directions.
(i) . Liberty is given to the petitioner to file online application for allotment of land through the Sewa Setu portal.
(ii) . Upon such application being filed, the concerned respondent authorities shall duly consider the said application within the ambit of the Assam Land Policy of 2019.
JUDGE Comparing Assistant