Badsha Sheikh and 4 Ors. Vs the State of Assam and 2 Ors.

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GAHC010003462026

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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)/417/2026

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BADSHA SHEIKH AND 4 ORS S/O- JURAN ALI

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2: NAJIR UDDIN S/O- LT. IJJAT ALI 3: SULTAN ALI S/O- LT. IJJAT ALI 4: TASEM ALI S/O- LT. IYAJ UDDIN

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5: SAIFUL ISLAM S/O- MUSAB UDDIN ALL ARE RESIDENTS OF VILLAGE-SONTUSH PUR P.O.- TILAPARA P.S.- CHAPAR REVENUE CIRCLE-CHAPAR DISTRICT- DHUBRI ASSAM PIN- 78334 VERSUS

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THE STATE OF ASSAM AND 2 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, REVENUE AND DISASTER MANAGEMENT DEPARTMENT, DISPUR, GUWAHATI-06

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2:THE DISTRICT COMMISSIONER OF DHUBRI DISTRICT AT DHUBRI P.O. AND DISTRICT- DHUBRI PIN- 783301

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3:THE CIRCLE OFFICER CHAPAR REVENUE CIRCLE P.O. CHAPAR DISTRICT- DHUBRI ASSAM PIN- 78337

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Advocate for the Petitioner : MR. M A SHEIKH, MS F INTAZ

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Advocate for the Respondent : GA, ASSAM, SC, REVENUE AND DISASTER MANAGEMENT DEPT

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BEFORE

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HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

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ORDER

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02.02.2026

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Heard Mr. MA Sheikh, learned counsel for the petitioner. Also heard Mr. N

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Das, learned State Counsel, Assam and Ms. PR Mahanta, learned Standing Counsel, Revenue Department.

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The petitioners before this Court claim to be land less persons who were allotted land by the Government by allotment letters which were issued on various dates as far back as on 2004 upto 2020. The allotments made to the petitioners subject to a set of condition which is reflected in the allotment certificate and they were also required to pay revenue regularly. Thereafter, by an application made in the year 2015, the petitioners prayed for conversion of their allotments\certificates to periodic patta. The petitioners submitted that

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their applications were accepted and acknowledgments were issued which are

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enclosed as Annexure-4 series. Learned counsel for the petitioners submits that thereafter no response has been received from the respondents and now they sought to evict the petitioners from the land which they were earlier allotted. Being aggrieved, the present writ petition has been filed.

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From the acknowledgements issued to the petitioners for the applications filed for conversion of allotment certificate to periodic patta, it is seen that the said acknowledgements clearly mentioned that if the application is accepted by the Revenue and Disaster Management Department , the service must be provided within 90 (ninety) days and if the services are not provided within 90 (ninety) days, the applicant can apply in the website preferred or e-mails for complaints and also at the toll free number given.

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The petitioners, however, have no explanation why after 90 (ninety) days they did not pursue their claims before the Revenue and Disaster Management Department. In the absence of any specific instructions, learned counsel for the petitioners has also not been able to explain as to why the petitioners did not pursue their claims by filing necessary applications in the web portal as prescribed or mentioned in the acknowledgements issued on various dates by the Revenue Department. No notice for eviction has also been issued to the petitioners and this writ petition has been filed purely on apprehension which

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according to the Court is not supported by any cogent reason or basis.

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Under such circumstances, this Court is not inclined to issue any notice or pass any directions to the respondents, save and except grant a liberty to the writ petitioners to approach the Revenue and Disaster Management Department by filing necessary application on the web portal as well as email mentioned in the copies of the acknowledgements issued to the petitioners. In the event the petitioners grievance are not redressed, liberty is granted to the petitioners to approach the competent Court of Civil Jurisdiction for determination of their right, title, and interest, if so advised.

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In term of the above, the writ petition stands disposed of.

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JUDGE

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Badsha Sheikh and 4 Ors. v. the State of Assam and 2 Ors.

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Badsha Sheikh and 4 Ors. v. the State of Assam and 2 Ors.

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