Rejia Bibi v. The State of Assam and 4 Ors

ORDER

27.11.2024 Heard Mr. M.A. Sheikh, learned counsel for the petitioner. Also heard Mr. N. Goswami, learned Government Advocate for the State. This writ petition has been filed by the petitioner praying for settlement of a land of which claims that the land was under her possession for the last 30 years. She had filed necessary application before the respondent authorities for settlement of the land, however, the same has not been done. A recent representation was stated to have been filed by the petitioner on 02.08.2024 (Annexure-2) to settle or allot the schedule land in her name. However the same has not been disposed of and the petitioner apprehend that the said land is likely to be allotted to some other person without first considering her claim. Mr. N. Goswami, learned Government Advocate submits that he has no instructions in the matter. Considering the limited prayer in the writ petition, this Court is of the view that since the prayer of the petitioner seeking an order for disposal of the representation, this writ petition cannot be kept pending and the same can be Page No.# 3/3 disposed of with a direction to the respondent No. 5 to dispose of the representation within a period of 30 days from the date of receipt of certified copy of this order to be served by the petitioner. Any order that is passed copy thereof shall be served on the petitioner. In the event any order has already been passed copies thereof shall be served on the petitioner. Any claim of the petitioner in respect of the land in question resulting settlement as it is claimed by the petitioner that the same is under her possession should be decided by the settlement officer while disposing of the representation, the settlement officer take note of the land allotment policy towards landless person notified by the Government of Assam as the petitioner claims to the land in question. With the above observation, the writ petition stands disposed.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010226142024 ooooooo undefined ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/5630/2024o REJIAoBIBIo W/O-oNURoISLAM,oVILLAGE-oANGERoKATA,oPART-II,oP.O.oANDoP.S.o BOGRIBARI,oDISTRICT-oKOKRAJHARo(BTR),oASSAM VERSUSo THEoSTATEoOFoASSAMoANDo4oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoTOoTHEoGOVERNMENToOFo ASSAM,oREVENUEoDEPARTMENT,oDISPUR,oGUWAHATI-06 2:THEoDISTRICToCOMMISSIONER oKOKRAJHARoDISTRICTo(BTR) oP.O.oKOKRAJHAR oASSAM oPIN-o783370 3:THEoSUB-DIVISIONALoOFFICERo(CIVIL) oPARVATJORAoAToKAJIGAON oP.O.oKAJIGAON oDISTRICT-oKOKRAJHARo(BTR) oASSAM oPIN-o783349 4:THEoCIRCLEoOFFICER oBOGRIBARIoREVENUEoCIRCLE oP.O.oBOGRIBARI oDISTRICT-oKKRAJHAR oASSAM oPIN-o783349 5:THEoSETTLEMENToOFFICER oDHUBRIoANDoKOKRAJHAR Page No.# 2/3 HEAD QUARTER- DHUBRI P.O. DHUBRI PIN- 783301 DISTRICT- DHUBRI ASSA Advocate for the Petitioner : MR. M A SHEIKH, MR. W A SHEIKH,MS F INTAZ Advocate for the Respondent : SC, REVENUE, SC, BTC,GA, ASSAM BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA