Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010251272024
2025:GAU-AS:8781
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6339/2024 SOFIA AHMED W/O- ATAUR RAHMAN R/O- HOUSE NO.15, MULLAH AZIZ NAGAR, EIDGAH ROAD, SIJUBARI, HATIGAON, P.O. AND P.S. HATIGAON, DIST. KAMRUP(M), ASSAM, PIN- 781038. VERSUS THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY, REVENUE AND DISASTER MANAGEMENT GOVERNMENT OF ASSAM, DISPUR, GUWAHATI-5. 2:THE DEPUTY COMMISSIONER KAMRUP(M) ASSAM PIN- 781001. 3:THE CIRCLE OFFICER DISPUR REVENUE CIRCLE KAMRUP(M) ASSAM PIN- 781029. 4:DINESH CHANDRA KALITA S/O- LATE MADAN KALITA R/O- PACHIM KARDOIGURI P.S. PATACHARKUCHI DIST. BARPETA ASSAM PIN- 781318 Advocate for the Petitioner : MR. A K SARMA, MR H J TAMULI,MR D KALITA
Page No.# 2/3 Advocate for the Respondent : GA, ASSAM, MR. B CHAKRAVARTY (R-4),SC, REVENUE
BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY ORDER 27.06.2025
1. Heard Mr. A. K. Sarma, learned counsel for the petitioner. Also heard Mr. A. Bhattacharjee, learned Standing Counsel for the Revenue Department representing the respondent No. 1, Mr. J. Handique, learned State counsel representing the respondent Nos. 2 and 3 and Mr. B. Chakraborty, learned counsel for the private respondent No. 4. 2. The grievance of the petitioner is that an application was submitted on 13.06.2024 by the petitioner for demarcation of his patta land purchased from the private respondent No. 4. However, no demarcation has been carried out till date. 3. Mr. Chakraborty, learned counsel for the private respondent No. 4 submits that if a demarcation is carried out, he will have no objection. 4. Mr. J. Handique, learned State counsel representing the Circle Officer as well as Deputy Commissioner contends that in the manner, the application has been filed cannot be entertained in view of the enactment of Assam Right to Public Services Act, 2012 inasmuch as demarcation now is a designated public service. Therefore, he has instruction to submit that if a formal application in the proper format is filed as per the prescription of the Act, 2012 and the rules framed thereunder, the authority will decide the same within the period prescribed under the aforesaid Act, 2012 and
Page No.# 3/3 Rules. 5.
In view of aforesaid consensus, this writ petition stands disposed of permitting the petitioner to file a fresh application before the jurisdictional Circle Officer/Designated Public Servant, as per prescription of the Act, 2012 and the rules framed thereunder and on such application being filed, the same be considered and decided within the period prescribed under the Act, 2012 and the rules framed thereunder. 6. This disposes the writ petition. JUDGE Comparing Assistant