Prafulla Dutta Vs the State of Assam and 5 Ors. — Gauhati HC (2026) — LawSathi Research

Prafulla Dutta Vs the State of Assam and 5 Ors. — Gauhati HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Consideration of the petitioner's case for settlement of the land after completion of the survey, subject to fulfilment of the prescribed criteria and eligibility requirements; eviction notice dated 29.10.2018 not being proceeded with.

Issue for consideration

Whether the petitioner's case should be considered for settlement of the land after completion of the village survey, subject to prescribed criteria and eligibility. +1 more

Court's answer

The writ petition is disposed of with a direction to the authorities to consider the petitioner's case for settlement of the land after completion of the survey.

Ratio / Principle

Such consideration for settlement is expressly conditioned upon fulfilment of the prescribed criteria and eligibility requirements.

Key takeaways

On the basis of the State's written instructions, it is clear that the authorities are not proceeding with the eviction notice dated 29.10.2018.ratio¶22

Detailed headnote1 paragraphs

Gauhati High Court (WP(C)/7852/2018, decided 11.03.2026, Justice Sanjay Kumar Medhi): Petitioner Prafulla Dutta faced an eviction notice dated 29.10.2018 concerning land at Panjabari/Botahghuli, Satgaon, Kamrup (M). Ms. G. Hazarika, learned Standing Counsel, Revenue Department, placed written instructions stating that the village survey is in progress, the area is non-cadastral, and the petitioner's case would be considered after completion of the survey subject to fulfilment of all prescribed criteria and eligibility requirements. Taking into account that the authorities were accordingly not proceeding with the eviction notice, and that neighbouring land had already been settled (subject matter of another disposed writ petition), the Court disposed of the writ petition by directing consideration of the petitioner's case for settlement of the land after completion of the survey, subject to fulfilment of the prescribed criteria and eligibility. No statute or precedent was cited; the disposal rests entirely on the State's undertaking recorded in the order.

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GAHC010254152018

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

Case No. : WP(C)/7852/2018

PRAFULLA DUTTA

S/O- LT PADMADHAR DUTTA, R/O- PANJABARI, BOTAHGHULI, NEAR GAUHATI PUBLIC SCHOOL, P.S. SATGAON, GHY- 27, DIST- KAMRUP (M), ASSAM

VERSUS

THE STATE OF ASSAM AND 5 ORS. REP. BY THE COMM., LOWER ASSAM DIVISION, DISPUR, GHY-6

2:THE COMM. AND SECY. TO THE GOVT. OF ASSAM REVENUE AND DISASTER MANAGEMENT DEPTT. DISPUR GHY-6

3:THE DY. COMMISSIONER KAMRUP (M) GUWAHATI ASSAM GHY-1

4:THE ADDL. DY. COMMISSIONER KAMRUP (M), GHY-1

5:THE CIRCLE OFFICER DISPUR REVENUE CIRCLE BASISTHA CHARIALI GHY-29

6:SHRI SUREN TALUKDAR S/O- LT LANKESWAR TALUKDAR R/O- JANSIMALU NONKE (BOTAHGHULI) P.S. SATGAON, GHY- 37, ASSAM.

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Advocate for the Petitioner : MR. Y S MANNAN, MS. N BARUAH,MS. R R BORAH Advocate for the Respondent : GA, ASSAM, ADDL. AG, ASSAM,MR P NAYAK,MR. P S DEKA (SC, REVENUE DEPARTMENT ),MR. M CHOUDHURY (R6),MR. T ALI (R6),MR D CHOUDHURY (R6)

BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

ORDER

11.03.2026

Heard Shri Y. S. Mannan, learned counsel for the petitioner.

Ms. G. Hazarika, learned Standing Counsel, Revenue Department has placed before this Court certain written instructions as per which, the survey of the village is presently in progress and the area is non-cadastral. It has also been stated that after completion of the survey, the case of the applicant may be considered subject to fulfilment of all prescribed criteria and eligibility requirements.

In view of the aforesaid submission, it is clear that the authorities are not proceeding with the notice dated 29.10.2018 for eviction. This Court has also taken into consideration, the aspect that neighbouring land has already been settled which was also the subject matter of another writ petition and disposed of.

In view of such submission, the present writ petition is disposed of by directing consideration of the case for petitioner for settlement of the land after completion of the survey subject to fulfilment of the prescribed criteria and eligibility.

JUDGE

Comparing Assistant