Disposed

Jomer Ali and 5 Ors. v. the State of Assam and 4 Ors.

Gauhati HC15 Sept 2026WP(C)/5050/2026

Case brief

AI extract

What is this about?

Petitioners challenged a revenue proceeding regarding a land settlement. The Court noted that the underlying hearing was pending and grounds were already raised. It stayed the writ petition, directing the authorities to complete the hearing expeditiously after affording a personal hearing.

What did the court decide?

The writ petition was disposed of. The Co-District Commissioner, Bilasipara, was directed to finalize the pending hearing via a speaking order within one month, after affording a personal hearing to t

Jomer Ali and 5 Ors. Vs the State of Assam and 4 Ors. — Property and Title | Gauhati HC (2026)

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GAHC010198842026

2026:GAU-AS:13783

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

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Case No. : WP(C)/5050/2026

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JOMER ALI AND 5 ORS SON OF LATE JABAR ALI @ JAFAR ALI, VILLAGE- CHARUBAKHRA JANGAL BLOCK, P.O. CHIRAKUTA, P.S. CHAPAR, DISTRICT- DHUBRI, (ASSAM), PIN NO.- 783348

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2: CHAMER ALI SON OF LATE JABAR ALI @ JAFAR ALI VILLAGE- CHARUBAKHRA JANGAL BLOCK P.O. CHIRAKUTA P.S. CHAPAR DISTRICT- DHUBRI (ASSAM) PIN NO.- 783348 3: JAYAN ALI SON OF LATE JABAR ALI @ JAFAR ALI VILLAGE- CHARUBAKHRA JANGAL BLOCK P.O. CHIRAKUTA P.S. CHAPAR DISTRICT- DHUBRI (ASSAM) PIN NO.- 783348

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4: CHAYNUDDIN SON OF LATE JABAR ALI @ JAFAR ALI VILLAGE- CHARUBAKHRA JANGAL BLOCK P.O. CHIRAKUTA P.S. CHAPAR DISTRICT- DHUBRI (ASSAM) PIN NO.- 783348

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5: SAYED ALI SON OF LATE JABAR ALI @ JAFAR ALI

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VILLAGE- CHARUBAKHRA JANGAL BLOCK P.O. CHIRAKUTA P.S. CHAPAR DISTRICT- DHUBRI (ASSAM) PIN NO.- 783348 6: SHAH ALOM SON OF LATE JABAR ALI @ JAFAR ALI VILLAGE- CHARUBAKHRA JANGAL BLOCK P.O. CHIRAKUTA P.S. CHAPAR DISTRICT- DHUBRI (ASSAM) PIN NO.- 78334 VERSUS

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THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY, GOVERNMENT OF ASSAM, REVENUE AND DISASTER MANAGEMENT DEPARTMENT, DISPUR, GUWAHATI- 6 2:THE DISTRICT COMMISSIONER CUM DISTRICT COLLECTOR DHUBRI ASSAM 3:THE CO-DISTRICT COMMISSIONER (CDC) BILASIPARA DISTRICT- DHUBRI ASSAM PIN- 783348 4:THE CIRCLE OFFICER CUM ASSISTANT SETTLEMENT OFFICER BILASIPARA REVENUE CIRCLE BILASIPARA P.O. AND P.S.- BILASIPARA DISTRICT- DHUBRI ASSAM PIN- 783348 5:THE BILASIPARA MUNICIPALITY BOARD REPRESENTED BY ITS EXECUTIVE OFFICER P.O. AND P.S.- BILASIPARA DISTRICT- DHUBRI ASSAM PIN- 78334

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Advocate for the Petitioner : MR. M HUSSAIN, MR. R I MONDAL,MR A.K. MOLLAH

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

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BEFORE

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HONOURABLE MR. JUSTICE MANISH CHOUDHURY

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JUDGMENT & ORDER

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16.09.2026

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Heard Mr. M. Hussain, learned counsel for the petitioners; Ms. N. Bordoloi, learned Standing Counsel, Revenue and Disaster Management Department for the respondent no. 1; and Mr. H.K. Hazarika, learned Junior Government Advocate, Assam for the respondent nos. 2, 3 & 4.

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The case projected by the petitioners, briefly stated, is that the petitioners are sons of one Jabar Ali @ Jafar Ali, who, during his lifetime, purchased a plot of land measuring 1 Bigha, covered by Dag no. 229 and Khatian no. 74, situate at Village – Chirakuti Part-I [‘the subject-plot no. 1’], by way of a registered sale deed from its erstwhile owner. Jabar Ali also purchased another plot of land measuring 4 Kathas covered by Dag no. 229 of Khatiyan no. 74 [‘the subject-plot no. 2’] at the same village by way of another registered sale deed from its erstwhile owner. The two subject-plots, measuring 1 Bigha 4 Kathas [01B-04K], are presently under new Dag no. 240 and new Patta no. 102 [hereinafter referred to as ‘the combined subject-plot’, for easy reference].

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2.1. In view of a Power Plant Project undertaken by the Assam Power Distribution Corporation Limited [APDCL], the State Government in the Revenue and Disaster Management Department had taken up a policy decision to authorize the jurisdictional District Commissioner, that is, the District Commissioner, Dhubri to settle equivalent extent of land, free from premium, in favour of any pattadar who voluntarily would relinquish his patta land to the APDCL for the purpose of construction of the Power Plant. It has been conveyed to the District Commissioner, Dhubri by an Office Letter dated 16.08.2025 by the Revenue and

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Disaster Management Department, Government of Assam that no further reference to the Government would be required in such cases and the District Commissioner, Dhubri has to take necessary action accordingly in respect of any pattadar who would come forward to relinquish their land.

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2.2. In the course of time, the District Commissioner –cum- Collector, Dhubri passed an Order under Section 3[1] in Form-A of the Assam Land [Requisition and Acquisition] Act, 1964 to requisition an area of land measuring 5 Bighas 4 Kathas [05B-04K], covered by Dag no. 240 of Patta no. 102 at Village – Chirakuti Part-I, Chapar Revenue Circle, District – Dhubri for the Power Plant Project of the APDCL under the Assam Thermal Power Generation Promotion Policy, 2025.

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2.3. The combined subject-plot belonging to the petitioners, measuring 01B-04K, after being devolved from Late Jabar Ali, is part of the said parcel of land measuring 05B-04K. Following the provisions of the Policy, the petitioners relinquished the combined subject-plot, measuring 01B-04K, at Village – Chirakuti Part-I in exchange of another equivalent plot of land measuring 1 Bigha 4 Kathas [01B-04K], at Village – Gopigaon Part-II [‘the subject-plot no. 3’]. Few other pattadars from Chirakuti Part-I had also relinquished their patta lands in exchange of equivalent plots of land at different villages, as mentioned in Annexure-2 to the writ petition.

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2.4. The subject-plot no. 3 measuring 01B-04K at Village – Gopigaon Part-II, Mouza – Bilasipara, District - Dhubri came to be settled in favour of Jabar Ali, that is, the father of the petitioners and Periodic Patta no. 113 in that connection has also been issued. The petitioners have annexed copies of the Jamabandi and Land Holding Certificate issued by the Circle Officer, Bilasipara Revenue Circle pertaining to subject-plot no. 3 with the writ petition in support of their claims.

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2.5. The cause of action, projected by the petitioners, to prefer the writ petition is a Notice of Hearing issued by the Co-District Commissioner, Bilasipara to them on 31.08.2026. By the Notice of Hearing, the petitioners have been intimated that the matter of exchange of land of

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the combined subject-plot against the subject-plot no. 3 would require an examination and hearing. From the Notice of Hearing and on enquiry, the petitioners have come to know that the Executive Officer, Bilasipara Municipal Board wrote to the District Commissioner, Dhubri on 20.08.2026 that plots of land within Bilasipara Municipal Board areas would be required in future for undertaking different development works.

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2.6. On receipt of the Notice of Hearing dated 31.08.2026, the petitioners have already submitted a written objection before the Co-District Commissioner, Bilasipara and the receipt of the said written objection was duly acknowledged under the seal of the office of the CoDistrict Commissioner on 08.09.2026.

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2.7. Apprehending that the petitioners would be visited with an adverse order pursuant to the hearing scheduled by the Co-District Commissioner, Bilasipara, the petitioners have approached this Court by the instant writ petition seeking interference. The petitioners have also stated though possession of the subject-plot no. 3 has been handed over to the petitioners after settlement, proper demarcation have not yet been carried out by the respondent authorities till date. The representation submitted by the petitioners for proper demarcation of the subject-plot no. 3 have not been brought to finality till date.

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Mr. Hussain, learned counsel appearing for the petitioners has submitted that once the District Commissioner, Dhubri has settled the subject-plot no. 3 in favour of Jabar Ali and in turn, in favour of the petitioners’ father, Jabar Ali with approval of the State Government in the Revenue and Disaster Management Department, and in terms of the State Government’s Policy, the Assam Thermal Power Generation Promotion Policy, 2025, neither the District Commissioner, Dhubri nor the Co-district Commissioner, Bilasipara would have the authority and jurisdiction to cancel an Order of Settlement as an order of settlement can only be cancelled by the State Government following due procedure of law. Therefore, the proceedings initiated by the Co-District Commissioner, Bilasipara by the Notice of Hearing dated 31.08.2026 is without authority and jurisdiction. It is stated that the proceeding initiated by the Co-District Commissioner, Bilasipara by the Notice of Hearing dated 31.08.2026 is still pending.

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Ms. Bordoloi, learned Standing Counsel, Revenue and Disaster Management Department, Government of Assam and Mr. Hazarika, learned Junior Government Advocate, Assam appearing for the State respondents have submitted that since the petitioners have already submitted a written objection in response to the Notice of Hearing dated 31.08.2026, it is open for the petitioners to raise all the grounds which have been raised in this writ petition, in the hearing before the Co-District Commissioner, Bilasipara, and the Co-District Commissioner, Bilasipara can be directed to take all these grounds into consideration before passing any order in the proceeding initiated by him by the Notice of Hearing dated 31.08.2026.

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It is stated that the grounds raised by the petitioners in the written objection are yet to be considered by the Co-District Commissioner, Bilasipara. Since as per the learned counsel for the parties the proceeding initiated by the Notice of Hearing dated 31.08.2026 has not been brought to any finality till date, it remains open to the petitioners to raise all the grounds, contended above, before the Co-District Commissioner, Bilasipara in the hearing proceeding initiated by him by the Notice of Hearing dated 31.08.2026. It is also open for the petitioners to contend that the proceeding is without authority and jurisdiction. In such obtaining fact situation, this Court is of the considered view that keeping this writ petition pending, at this stage, would amount to continuation of a parallel proceeding. In view of the same, this writ petition can be disposed of with a direction to the Co-District Commissioner, Bilasipara [the respondent no. 3] to bring the proceeding initiated by the Notice of Hearing dated 31.08.2026 to a logical conclusion, after affording a proper opportunity of personal hearing to the petitioners. In the event the petitioners intend to file an additional written objection raising any other grounds open to them to be raised before the respondent no. 3, the petitioners are granted the liberty to file such additional written objection along with the supporting documents, if any, within a period of ten days from today. It is ordered accordingly.

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It is directed that the respondent no. 3 during the proceeding, shall afford a proper opportunity of personal hearing to the petitioners and to all other stakeholders, so as to bring

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the proceeding initiated by the Notice of Hearing dated 31.08.2026 to a logical conclusion by way of a speaking order, which is to be passed, as expeditiously as possible, preferably within a period of one month from today. A copy of the speaking order to be passed by the respondent no. 3 shall be communicated to the petitioners forthwith thereafter. If for any reason the petitioners are to be visited in an adverse manner due to the speaking order, there shall not be any coercive action against the petitioners for a subsequent period of one month thereafter, so as to enable the petitioners to avail appropriate remedy under the law or to make alternative arrangements.

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This order disposes of the writ petition. No cost.

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JUDGE

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Comparing Assistant

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Digitally signed by Rupam Basumatary Date: 2026.09.17 11:13:06 +05'30'

Jomer Ali and 5 Ors. v. the State of Assam and 4 Ors.

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Jomer Ali and 5 Ors. v. the State of Assam and 4 Ors.

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