Page No.# 1/3 GAHC010141342025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3631/2025 BHABEN SINGHA LAHKAR S/O- LATE SANTI RAM LAHKAR, R/O- RANGIA, WARD NO. 1, SANTI RAM LAHKAR VILLA, SANTI RAM LAHKAR PATH, P.O. AND P.S. RANGIA, DIST. KAMRUP METRO, ASSAM, PIN- 781354. VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM, REVENUE AND DISASTER MANAGEMENT DEPARTMENT, DISPUR, GUWAHATI-781006. 2:THE DISTRICT COMMISSIONER KAMRUP AMINGAON ASSAM PIN- 781031. 3:THE CO-DISTRICT COMMISSIONER RANGIA KAMRUP PIN- 781354 ASSAM 4:THE CIRCLE OFFICER RANGIA REVENUE CIRCLE RANGIA KAMRUP PIN- 781354 ASSAM 5:BIKROM SINGHA LAHKAR Page No.# 2/3 S/O- LATE KHAGEN SINGHA LAHKAR R/O- GAUHATI UNIVERSITY BY PASS ROAD NATIONAL HIGHWAY-17 P.O. PANDU P.S. JALUKBARI DIST. KAMRUP METRO GUWAHATI-781012 ASSA Advocate for the Petitioner : MR. Y S MANNAN, MS R BEGAM Advocate for the Respondent : GA, ASSAM, SC, REVENUE BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI ORDER 27-06-2025 Heard Shri Y. S. Mannan, learned counsel for the petitioner. Also heard Ms. M. Barman, learned State Counsel. Shri Bikram Singha Lahkar, who is the respondent no. 5 is present in person. The projected case is that by taking recourse of the Assam Right to Public Services Act, 2012, the petitioner has filed an appeal under Section 8 (1) of the said Act on 16.06.2025. However, before the appeal was considered another notice has been served on the petitioner on the issue of demarcation. This Court while taking up this matter on 25.06.2025 had directed the learned State Counsel to obtain instructions and also directed for maintenance of status quo till today. Ms. Barman, the learned State Counsel has at the outset raised a preliminary objection regarding the locus of the petitioner to prefer an appeal. She has contended that under the Act in question such recourse is given only to the applicant, who may be aggrieved by an application filed for demarcation and not to any objector. Page No.# 3/3 Shri Lahkar, the respondent no. 5, who has appeared in person has submitted that the entire process has been delayed by one means or the others and prays for expeditious disposal of the entire matter. Considering the facts and circumstances, this Court is of the opinion that instead of keeping this writ petition pending, the matter is remitted to the appellate authority to decide the appeal preferred before him on 16.06.2025. The aspect of the locus of the petitioner may also be gone into by the appellate authority and appropriate order be passed strictly in accordance with law. As the matter is long pending, such orders be passed expeditiously and preferably within an outer limit of 4 (four) weeks from today. It is made clear that this Court has not expressed any opinion on the inter se merits of the parties. While disposing of the writ petition the stakeholders may be afforded an opportunity of hearing. The order of status quo be maintained till the disposal of the appeal. Writ petition stands disposed of. JUDGE Comparing Assistant