An Abantan Patra permits occupation but does not confer land settlement.

The petitioners were in possession of land situated at Dag No. 286, Village Nidanpur Part II, under Lakhipur Revenue Circle, Goalpara, Assam, pursuant to “Abantan Patra” issued in their favour on 04.04.2007.

They approached the Gauhati High Court seeking directions to the revenue authorities to issue settlement orders in respect of the land according to their possession and also apprehended eviction because settlement had not been granted.

The Court found that the petitioners had not submitted applications for settlement, believing that the Abantan Patra itself constituted an allotment or settlement.

During the hearing, the petitioners undertook to apply for settlement and requested protection from eviction pending consideration of their applications.

Whether the Abantan Patra issued to the petitioners constituted a grant of settlement or merely permission to reside on the specified land?

Whether the petitioners were entitled to seek settlement/allotment of the land under the applicable law and policy?

Whether the revenue authorities could evict the petitioners while their applications for settlement/allotment were pending?

The Court applied the distinction between an Abantan Patra, which grants permission to occupy or reside on specified land subject to its terms and conditions, and a formal settlement, which requires an application, consideration under the applicable Settlement Rules and State policy, and payment of the prescribed premium.

The Court further held that any application for settlement was to be considered within the framework of the Assam Land Policy, 2019 and in accordance with the prescribed practice and procedure.

No specific statutory provision or judicial precedent was cited in the order.

The Court examined the Abantan Patra and held that it authorised the petitioners to reside on the land but did not confer a settled proprietary or occupancy right equivalent to formal settlement.

Since the petitioners had not applied for settlement, the Court declined to direct the authorities to issue settlement orders outright.

Instead, it accepted the petitioners’ submission that they would file appropriate applications and directed that those applications be considered under the Assam Land Policy, 2019.

Recognising that the petitioners had entered possession pursuant to official permission, the Court granted limited interim protection: if applications were filed within 90 days, eviction proceedings were not to be initiated during their consideration.

The protection was not made permanent and would cease upon rejection of the applications, after which eviction could be undertaken only in accordance with due process of law.

The Court held that the Abantan Patra dated 04.04.2007 did not amount to settlement of the land; it merely permitted the petitioners to reside on the specified plots.

The petitioners were granted liberty to submit appropriate applications for settlement in accordance with law and the Assam Land Policy, 2019.

The authorities were directed not to take steps for eviction if the petitioners filed applications for allotment of the lands under their possession within 90 days from the judgment, and to maintain that protection while the applications were under consideration.

If the applications were rejected, eviction could follow only through due procedure of law.