Abdul Hatem Ali Ahmed and 2 Ors. v. the State of Assam and 3 Ors.

Gauhati HC3 Aug 2025WP(C)/4887/2017

Case brief

AI extract

What is this about?

Gauhati High Court; WP(C)/4887/2017; Abdul Hatem Ali Ahmed v. State of Assam; land allotment; Sarkari Dag No.1; Dhanbandha VGR; Barpeta; earlier WP(C)/2142/2007 disposed 16.07.2009; representations unacted; similarly situated persons allotted land; New Land Policy; Basundhara scheme; writ petition closed at admission stage; liberty to apply; Sanjay Kumar Medhi, J.; order dated 04.08.2025.

What did the court decide?

No substantive relief granted; the writ petition was closed at the admission stage, with liberty to the petitioners to apply under the existing New Land Policy including the Basundhara scheme for allotment of land, such applications to be considered strictly in accordance with law. ¶¶37

Abdul Hatem Ali Ahmed and 2 Ors. Vs the State of Assam and 3 Ors. — Gauhati HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioners are entitled to allotment of land, their earlier representations for such allotment having gone unacted upon. +1 more

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Ratio / Principle

In view of the development and change of scenario brought about by the introduction of the New Land Policy, no effective relief can be granted to the petitioners in the present writ petition, and the writ petition is accordingly closed.

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Key takeaways

The petitioners are given liberty to apply under the existing New Land Policy including the Basundhara scheme for allotment of land, and any such application will be considered by the respondent authorities strictly in accordance with law.ratio¶¶38

Detailed headnote1 paragraphs

Gauhati High Court (Sanjay Kumar Medhi, J.), order dated 04.08.2025 in WP(C)/4887/2017 — Abdul Hatem Ali Ahmed and 2 Ors. v. The State of Assam and 3 Ors. The three petitioners were among 93 applicants in earlier WP(C)/2142/2007 seeking allotment of land; in that proceeding the authorities took the stand that 19 petitioners, including the present ones, had no possessions or dwelling houses in Sarkari Dag No.1 of Dhanbandha VGR (Barpeta), and the petition was disposed of on 16.07.2009 with a direction to examine the genuineness of the claims. The petitioners' subsequent representations went unacted upon, and they alleged that land had been allotted to similarly situated persons while they were left out. Noting that the cause of action had been rendered otiose by the introduction of the New Land Policy and the Basundhara scheme (under which a landless person may apply for allotment), the Court, taking up the 2017 petition for disposal at the admission stage, held that no effective relief could be granted, closed the writ petition, and granted liberty to apply under the existing New Land Policy including the Basundhara scheme, with an assurance of consideration strictly in accordance with law.

Page No.# 1/3

GAHC010137402017

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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)/4887/2017

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ABDUL HATEM ALI AHMED and 2 ORS.

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S/O MD. ABDUL KHALEK R/O VILL- DHANBANDHA P.O. SONKUCHI DIST. BARPETA, ASSAM

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2: MUSTT. KHURSHEDA BEGUM

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W/O MD. HAKIM UDDIN R/O VILL- DHANBANDHA P.O. SONKUCHI DIST. BARPETA

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ASSAM

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3: MD. SHAJAHAN ALI

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S/O LT. FALU MIA R/O VILL- DHANBANDHA P.O. SONKUCHI DIST. BARPETA

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ASSA

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VERSUS

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THE STATE OF ASSAM and 3 ORS.

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REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, REVENUE DEPARTMENT, DISPUR, GUWAHATI -6.

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2:THE DEPUTY COMMISSIONER

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BARPETA ASSAM

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3:THE SETTLEMENT OFFICER

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BARPETA ASSAM

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4:THE CIRCLE OFFICER

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BARPETA REVENUE CIRCLE P.O. and P.S. BARPETA DIST. BARPETA

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Page No.# 2/3

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ASSA

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Advocate for the Petitioner : MR.M U MAHMUD, MRS R BORAH,MD.S ISLAM,MR.A DAS,MR.M ALI,MR.S HOQUE,MS.C KALITA

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Advocate for the Respondent : , GA, ASSAM

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BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

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ORDER

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04.08.2025

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Heard Shri M.U. Mahmud, learned counsel for the petitioners. Also heard Shri J. Handique, learned State Counsel as well as Ms. G. Hazarika, learned Standing Counsel, Revenue Department.

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Considering the facts and circumstances and also the fact that this writ petition is pending since the year 2017, the same is taken up for disposal at the admission stage.

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As per the facts projected, initially a WP(C)/2142/2007 was filed by 93 nos. of petitioners, including the present 3 nos. of petitioners with a prayer for allotment of land. In the said proceeding, a stand was taken by the authorities that 19 nos. of petitioners, including the present petitioners, did not have possessions or dwelling houses in the Sarkari Dag No.1 of Dhanbandha VGR. Accordingly, the said petition was disposed of vide an order dated 16.07.2009, directing the respondents to examine the genuineness of the claims of the petitioners. The petitioners accordingly had filed representations for such allotments, which had not been acted upon.

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Shri Mahmud, learned counsel for the petitioners has submitted that land has been allotted to similarly situated persons and the petitioners have been left

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out.

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On the other hand, both Shri Handique and Ms. Hazarika, the learned counsel for the respondents have submitted that the cause of action itself has been rendered otiose by introduction of the New Land Policy. They have also emphasized on the Basundhara scheme under which a landless person can apply for allotment of land.

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In view of the aforesaid development and change of scenario, this Court is of the opinion that no effective relief can be granted to the petitioners in the present writ petition and the same is accordingly closed.

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The petitioners are however given liberty to apply under the existing New Land Policy including the Basundhara scheme for allotment of land and if that is done, the same will be considered by the respondent authorities strictly in accordance with law.

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JUDGE

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Comparing Assistant

Abdul Hatem Ali Ahmed and 2 Ors. v. the State of Assam and 3 Ors.

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Abdul Hatem Ali Ahmed and 2 Ors. v. the State of Assam and 3 Ors.

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What the court decided

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