Page No.# 1/5 GAHC010281892025 2025:GAU-AS:17492 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/7310/2025 GANGA PRASAD SARMAH S/O LATE SHIVALAL SARMAH, R/O VILL- BHOTPARA, P.O. PALASBASTI PATHAR, DIST- SONITPUR, ASSAM VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM, DISPUR, GUWAHATI -06, ASSAM 2:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM DEPARTMENT OF REVENUE AND DISASTER MANAGEMENT DISPUR GUWAHATI- 06 ASSAM 3:THE DISTRICT COMMISSIONER SONITPUR ASSAM MAHATMA GANDHI ROAD MAHABHARIAB TEZPUR PIN- 784001. 4:THE CIRCLE OFFICER DHEKIAJULI ASSAM P.O. DHEKIAJULI SONITPUR PIN- 784110 ASSAM Page No.# 2/5 5:SMT SYLESTY AGARWALA D/O LATE SATYA NARAYAN AGARWALA R/O VILL- BHOTPARA P.O. PALASBASTIPATHAR SONITPUR ASSAM PIN- 784112 Advocate for the Petitioner : S SAIKIA, MS P DEVI,MR P R SARMA Advocate for the Respondent : GA, ASSAM, SC, REVENUE BEFORE HONOURABLE MR. JUSTICE KARDAK ETE ORDER Date : 17-12-2025 Heard Mr. P. R. Sarma, learned counsel for the petitioner. Also heard Mr. J. Handqiue, learned State Counsel for the respondent Nos. 1, 3 & 4 and Ms. N. Bordoloi, learned Standing Counsel, Revenue Department for the respondent No. 2. 2. By filing this application, the petitioner has challenged the notice dated 08.12.2025, issued by the Circle Officer, Dhekiajuli Revenue Circle, whereby the petitioner has been directed to be present, or to authorise a representative to be present, at the site on 23.12.2025 for the measurement and demarcation of the land covered by K.P. Patta No. 92, Dag No. 353, measuring 01 Bigha, 03 Katha, 06 Lechas, situated at Dhekiajuli Mouza, Bhotpara Revenue Village. 3. Considering the limited prayer and the nature of the issue involved in this writ petition and as agreed to by the learned counsels for the parties, the writ petition is disposed of at the motion stage itself. Page No.# 3/5 4. The petitioner entered into an agreement for the sale of a portion of the land at Dhekiajuli Mouza, Bhotpara Revenue Village, covered by K.P. Patta No. 92, Dag No. 353, with one Smti. Sylesty Agarwala, the respondent No. 5 herein, and accordingly sold 1 Katha each from the front and back portions of the said land. The Circle Officer, Dhekiajuli Mouza, issued notices to the petitioner on 27.10.2025 and 28.11.2025, directing him to remain present for the measurement and demarcation of the said land. 5. It is the claim of the petitioner that he is currently admitted and undergoing treatment at Gauhati Medical College Hospital, Guwahati. On receipt of the notice issued by the Circle Officer, Dhekiajuli Mouza, the petitioner approached the said Circle Officer requesting deferment of the date for the measurement and demarcation process in view of his ongoing medical treatment. 6. The Circle Officer had acceded to the request of the petitioner. However, considering that notice was being issued for the fourth time, by the impugned notice dated 08.12.2025, the petitioner was informed that the measurement and demarcation would be carried out on 23.12.2025 at 11:00 a.m. and was directed to be present for the verification, either personally or through an authorised representative, failing which the process would proceed in his absence. 7. Mr. Sarma, learned counsel for the petitioner fairly submits that the prayer of the petitioner is very limited and simple, to the effect that he be given some time by deferring the date of demarcation from 23.12.2025 to some other appropriate date so that he can be present for the demarcation process himself, as no one else would be able to represent Page No.# 4/5 him in view of the issues involved over the land. 8. Mr. J. Handique, learned State Counsel and Ms. N. Bordoloi, learned Standing Counsel, Revenue Department, opposed the said prayer on the ground that the Circle Officer has issued several notices fixing various dates for demarcation. They submit that the proposed demarcation has already been deferred on multiple occasions and the impugned notice being the fourth notice, the petitioner should authorise a person to represent him, as the matter requires proper demarcation of the land, which has been pending for several months at the instance of the petitioner. 9. Ordinarily, this Court would not have interfered with the process of demarcation of the land proposed to be carried out by the respondent authorities, as it would resolve any dispute, if at all, with all the stakeholders over the land; however, considering the limited prayer of the learned counsel for the petitioner and the fact that the petitioner is undergoing medical treatment and admitted at Gauhati Medical College Hospital, this Court deems it appropriate to dispose of the writ petition with a direction to the petitioner to participate in the demarcation process in person and if he is unable to do so, through an authorised representative, on a date, other than 23.12.2025, to be fixed by the Circle Officer, Dhekiajuli Revenue Circle, Dhekiajuli Mouza. 10. Accordingly, the respondent authorities are directed to reschedule the date of demarcation of the site at Dhekiajuli Mouza, Bhotpara Revenue Village, covered by K.P. Patta No. 92, Dag No. 353, after 15 (fifteen) days from today. The petitioner shall personally participate in the demarcation process, or may authorise a person to represent him; failing which, the Page No.# 5/5 respondent authorities shall be at liberty to carry out the demarcation of the said land after 15 (fifteen) days from today. 11. It is needless to observe that the Circle Officer, Dhekiajuli Revenue Circle, Dhekiajuli Mouza, shall issue notice rescheduling the specific date for the demarcation to the petitioner. 12. The writ petition stands disposed of, in terms above. JUDGE Comparing Assistant