Disposed

Subodh Singh v. the State of Assam and 8 Ors.

Gauhati HC17 Aug 2025WP(C)/4275/2023

Case brief

AI extract

What is this about?

The court noted the government's confirmation that 'Gau-reserve' land had been de-reserved. It directed the District Commissioner to complete the land settlement with the petitioner within three months upon realization of the premium, thereby disposing of the writ petition.

What did the court decide?

Directed District Commissioner to settle land and realize premium within 3 months.

Subodh Singh Vs the State of Assam and 8 Ors. — Land Acquisition | Gauhati HC (2025)

Page No.# 1/5

GAHC010162782023

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

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Case No. : WP(C)/4275/2023

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SUBODH SINGH

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S/O- LATE PURNODEO SINGH, R/O- UDAIPUR, BIRUBARI ULUBARI, P.O. GOPINATHNAGAR, P.S. PALTANBAZAR, DIST. KAMRUP(M), ASSAM, PIN781016.

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VERSUS

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THE STATE OF ASSAM AND 8 ORS

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REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM, REVENUE AND DISASTER MANAGEMENT (S) DEPARTMENT, DISPUR, GUWAHATI-781006.

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2:THE DEPUTY SECRETARY TO THE GOVERNMENT OF ASSAM

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REVENUE AND DISASTER MANAGEMENT (S) DEPARTMENT DISPUR GUWAHATI- 781006.

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3:THE UNDER SECRETARY TO THE GOVT. OF ASSAM REVENUE AND DISASTER MANAGEMENT (S) DEPARTMENT DISPUR GUWAHATI-781006.

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4:THE DISTRICT COMMISSIONER KAMRUP(M)

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HENGRABARI GUWAHATI-781005.

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5:THE BRANCH OFFICER

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LAND SETTLEMENT BRANCH

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Page No.# 2/5

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KAMRUP(M) HENGRABARI GUWAHATI-781005.

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6:THE CIRCLE OFFICER GUWAHATI REVENUE CIRCLE DR. B.K. KAKOTI ROAD ULUBARI GUWAHATI-781007. 7:THE SETTLEMENT OFFICER ULUBARI MOUZA OFFICE OF THE CIRCLE OFFICER GUWAHATI REVENUE CIRCLE ULUBARI GUWAHATI-781007.

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8:THE ASSISTANT SETTLEMENT OFFICER

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ULUBARI MOUZA OFFICE OF THE CIRCLE OFFICER GUWAHATI REVENUE CIRCLE ULUBARI GUWAHATI-781007

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Advocate for the Petitioner : MR. R P SARMAH, MR. D DOLEY,MS A DEKA

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

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BEFORE

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HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR

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ORDER

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18.08.2025

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Heard Mr. R. P. Sharmah, learned senior counsel assisted by Mr. D. Doley, learned counsel for the petitioner. Also heard Mr. A. Bhattacharjee, learned counsel appearing for respondent Nos. 1, 3 and 4 and Mr. B. J. Talukdar, learned senior counsel assisted by Mr. P. K. Medhi, learned counsel appearing for respondent Nos. 5 to 9 .

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Page No.# 3/5

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The petitioner by way of instituting the present proceeding has prayed for a direction upon the respondent authorities to settle the land measuring 1 katha 3 lessa covered by Dag No. 175 (Old) allotted to him in terms of the communication dated 30.01.2008 (Annexure-B to the writ petition).

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A perusal of the communication dated 30.01.2008 would go to reveal that the land in question was directed to be settled with the petitioner herein at a land value which was fixed at Rs. 3,00,000/- (Rupees Three Lakh) only per katha and the possession was directed thereafter to be handed over to him and the land records corrected accordingly.

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It is seen that the petitioner had not paid the premium as determined of the land in question initially. However, thereafter, the petitioner had issued communications to the respondent authorities expressing his desire to pay the premium amount as determined vide the communication dated 30.01.2008. However, the respondents had taken a plea that the said land would not be permissible to be settled with the petitioners herein, in view of the fact that the land in question was reserved as “Gau-reserve”.

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On the last occasion, this Court had directed Mr. B. J. Talukdar, learned senior counsel to receive his instructions in the matter. Today, Mr. B. J. Talukdar has placed on record the instruction, received by him vide communication dated 18.08.2025, issued by the District Commissioner, Kamrup (M) District. The contentions raised in the said instructions dated 18.08.2025 being relevant is extracted herein below:-

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To,

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The B.J. Talukdar Addl. Sr. Govt. Advocate, Assam Gauhati High Court Sub: Submission of status report in respect of settlement of land with Sri Sudodh Singh

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Ref: 1. Govt. letter No. E-362407/1/989682/2025, dated 11.03.2025 2. Your Letter No. ADDL/SR/GA/BJT/2025/6464, dated 27.06.2025

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Sir,

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Page No.# 4/5

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With reference to the subject cited above, I have the honour to submit herewith the updated status of the matter as desired by Hon'ble Gauhati High Court vide letter under reference No. 2 in connection with settlement of land with Sri Subodh Singh, R/o Udaynagar, Birubari, Guwahati as follows:

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The Govt vide order No. RSS.597/93/193, dated 30.01.2008 has accorded approval for settlement of the aforesaid schedule of land measuring IK-3L covered by Dag No. 175 of village Ulubari under mouza Ulubari with Sri Subodh Singh and his wife Smti. Rina Singh for residential purpose subject to payment of premium @ 100% of the land value fixed @ Rs. 3,00,000.00/- (Rupees Three Lakhs) per katha, but the settlement process in respect of the said schedule of land could not be completed in due course. It is noteworthy to mention that, the said land was classified as "GauReserve" (VGRS) as per land records.

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However, Govt. vide letter under referecne No 1 has informed that, the land covered by Dag No. 175 (Pt) has been de-reserved in favour of 41 families of the Udayan Janakpur Unnyan Samity

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As such, I have the honour to inform that, the settlement process of the proposed plot of land will be proceed as per rules and procedure after due realization of the premium as assessed by Govt. vide order No. RSS.597/93/193, dated 30.01.2008 in favour of the applicant and the matter will be disposed thereof.

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Yours Faithfully,

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Enclosed: As stated

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District Commissioner Kamrup Metropolitan District Guwahati

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Dated 18.8.2025

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A perusal of the contentions raised in the said communication dated 18.08.2025 would go to reveal that the de-reservation of the “Gau-reserve” has already taken place in favour of 41 families, including the petitioner, herein, and accordingly the District Commissioner has undertaken that the settlement process of the proposed land would be proceeded as per rules and procedure after realization of the premium as assessed by the Government vide the communication dated 30.01.2008.

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Page No.# 5/5

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In view of the stand taken by the District Commissioner, Kamrup (M) vide the Communication dated 18.08.2025, this Court is of the considered view that the present writ petition would not be required to be detained any further and can be disposed of by directing the District Commissioner, Kamrup (M) District i.e., the respondent No. 5, to take forward the issue in accordance with law and to settle the land in question with the petitioner, after realizing the premium amount, in terms of the prescription made in this connection vide the communication dated 30.01.2008.

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The above exercise be initiated and completed within a period of 3 months from the date of receipt of a certified copy of this order.

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With the above observations and directions, this petition stands disposed of.

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10. A copy of the instructions dated 18.08.2025 furnished by Mr. D. J. Talukdar, learned senior counsel is kept on record and marked as 'X' for identification.

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JUDGE

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Comparing Assistant

Subodh Singh v. the State of Assam and 8 Ors.

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Subodh Singh v. the State of Assam and 8 Ors.

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