Page No.# 1/7 GAHC010251262024 2025:GAU-AS:7540 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6350/2024 KUMUD CH. DAS S/O- LATE BHARAT CH. DAS, R/O- GHORAMARA, P.O. BELTOLA, DIST. KAMRUP(M), ASSAM, PIN- 781028. 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:SMTI JYOTISMITA SARMA W/O- HEMANTA SARMA R/O- BHETAPARA SAMANYA PATH P.O. BELTOLA P.S. BASISTHA CHARIALI KAMRUP(M) ASSAM-781028 Advocate for the Petitioner : MR. A K SARMA, MR H J TAMULI,MR D KALITA Page No.# 2/7 Advocate for the Respondent : GA, ASSAM, MS R KOUR(R-4),MR D KALITA (R-4),SC, REVENUE BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI ORDER Date : 10.06.2025 Heard Mr. A. K. Sarma, learned counsel appearing for the petitioner. Also heard Mr. H. Sarma, learned Additional Senior Government Advocate for the State respondent and Ms. N. Bordoloi, learned Standing Counsel, Revenue & Disaster Management Department. None appears for the respondent No. 4 on call. 2. By way of this petition under Article 226 of the Constitution of India, the petitioner is seeking direction to the respondent authorities, more particularly, the Circle Officer (respondent No.3) to demarcate the plot of land measuring 15 Lechas covered by Dag No.1500 of K.P. Patta No.42, class of land-2nd basti, sitatued at revenue village- Saukuchi, Mouza- Beltola, under Dispur Revenue Circle. 3. The brief facts of the case are that the petitioner purchased the subject plot of land on 06.02.2021 vide registered deed No.2386, from respondent No.4 on 10.02.2022, and the said land was mutated in the name of the petitioner. Accordingly, the name of the petitioner has been recorded in the copy of the Jamabandi and is paying up-to-date land revenue thereof regularly. It is the case of the petitioner that the respondent No.4 having not handed over the physical possession of Page No.# 3/7 the said land despite the sale transaction having been completed and the petitioner’s name having been mutated, the petitioner submitted application before the Dispur Revenue Circle on 13.06.2024 seeking demarcation of his respective plot of land. It is the specific case of the petitioner that since despite receipt of the aforesaid application on 14.06.2024, the Circle Officer, Dispur Revenue Circle has not taken any steps, the present writ petition has been filed. 4. Mr. H. Sarma, learned Additional Senior State Counsel, submits that ‘demarcation’ is a notified service under the Assam Right to Public Services Act, 2012 and therefore, the petitioner is required to submit his application for demarcation as per the prescribed procedure by depositing the requisite fee. 5. The only grievance of the petitioner in the instant writ petition is that the application for demarcation of the patta land submitted by the petitioner has not been processed by the Dispur Revenue Circle till date. 6. The Assam Right to Public Services Act, 2012 (hereinafter referred to as the “Act, 2012”) has been enacted by the State to provide for delivery of notified public services to the people of the State of Assam within the stipulated time limit and for matters connected therewith and incidental thereto. Section 2[h], defines “Right to Public Service” as right to obtain the notified service under the Act from time to time within the stipulated time limit as described under Section 5. Section 2[i], defines “notified service” as any service notified by the State Government under Section 4. Section Page No.# 4/7 5 of the Act, 2012, further provides that every eligible person shall have the right to obtain the services in accordance with the Act within the time bound period as notified under Section 4. It is the liability of government servant to deliver services under Section 6 of the Act, 2012, within the stipulated period. The stipulated time limit, as per Section 7[1], starts from the date when the application for obtaining a required notified service is submitted to the Designated Public Servant or to a person subordinate to him authorized to receive the application. Such application shall be duly acknowledged. Section 7[2], provides that the Designated Public Servant on receipt of an application under sub-section (1) shall, within the stipulated time limit, provide the notified service or reject the application and in case of rejection of application, he shall record the reasons in writing and communicate to the person making the application,- (i) the reasons for such rejection; (ii) the period within which an appeal against such rejection may be preferred; and (iii) the particulars of the Appellate Authority. Section 8 of the Act, 2012, further provides for an appeal before the Appellate Authority and also for a review before the Reviewing Authority. 7. By an Office Memorandum bearing No.RRG.18/2017/pt/163 dated 21.12.2020 of the Government of Assam in the Revenue and Disaster Management (Reforms) Department, “demarcation” has been declared to be a notified service under Section 4 of the Act, 2012. The contents of the Office Memorandum dated 21.12.2020 are extracted herein below for ready reference:- Page No.# 5/7 “GOVERNMENT OF ASSAM REVENUE & DISASTER MANAGEMENT [REFORMS] DEPARTMENT ASSAM SECRETARIAT [CIVIL] DISPUR GUWAHATI-6 No.RRG.18/2017/pt/163 Dated Dispur the 21st December, 2020. Office Memorandum Subject: Declaration of services under Revenue & D.M. Department as per provision of the Section 4 of the Assam Right to Public Service Act, 2012. With a view to provide the delivery of Public Service to the eligible citizens within stipulated time limit the following service of the Revenue & D.M. Department has been identified as Notified service under Section 4 of the Assam Right to Public Services Act, 2012. Service Name: Demarcation Certificate [where there is no dispute on title]. An important service which is provided by the Revenue & Disaster Management Department is the issue of Demarcation Certificate. This certificate is required to establish the real extent/interest of the land and to establish actual boundary of a particular Dag as per cadastral map of the revenue village/town. This service can be obtained in the Offices of the Circle Officers. Eligibility Criteria: Any citizen of Assam who is recorded Pattadar of the scheduled land can avail this service. Procedural Steps for Issuance of Demarcation Certificate: The applicant has to apply in Standard Application format before Circle Officer of the concerned Circle and Circle Officer will endorse the same to the concerned Dealing Assistant/Copyist. The Dealing Assistant/Copyist after verifying the application, forwards to the concerned Lot Mandal for field verification. Lot Mandal submits the field verification report to Supervisor Kanungo for verification and Supervisor Kanungo after verifying the report forwards to the Circle Page No.# 6/7 Officer. Circle Officer, based on the report submitted by Lot Mandal and Supervisor Kanungo approves/rejects the demarcation application. Once demarcation is allowed by the Circle Officer, the Dealing Assistant prepares a notice regarding the demarcation of the proposed land and it is served to all the co-pattadars of the concerned Dag and pattadars of the adjacent Dags and sends it to Circle Officer for signing. The LM then visits the S/L on the fixed date and demarcate the concerned Dag in presence of all the stakeholders. Documents to be annexed along with the Application: 1. Applicant must submit duly signed Application form mentioning details if the scheduled dag. 2. Up to date land revenue receipt. User Charges: Rs.30/- Citizen Charter: Annexure-1 Time-line : 30 [thirty] working Days. Sd/-[Avinash Joshi, IAS] Principal Secretary to the Govt. of Assam Revenue & D.M. Department.” 8. It is well settled that if there is an alternative, efficacious and adequate remedy, then a person should avail that remedy instead of approaching this Court under Article 226 of the Constitution of India. The issue involved being mere demarcation, as it has been projected by the petitioner, the petitioner should avail the remedy by applying for the notified public service i.e., demarcation under the Act, 2012, first by approaching jurisdictional Designated Public Servant by submitting the prescribed application form and by depositing of the requisite user charges. On receipt of such application, the jurisdictional Designated Public Servant shall acknowledge the same and shall Page No.# 7/7 proceed to dispose of the said application as per the procedure laid down in the Act, 2012, within the stipulated time period prescribed for the said notified public service i.e., demarcation. 9. Observed accordingly. 10. In view of the availability of the alternative and efficacious statutory remedy, the writ petition is not entertained, reserving the liberty to the petitioner to avail statutory remedy under the Act, 2012, available to him under the law. 11. The writ petition accordingly stands disposed of. JUDGE Comparing Assistant