Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010035182025
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1071/2025 ESOB ALI S/O- LATE RUSTOM ALI, R/O- VILL- ABADI, P.S. MANIKPUR, DIST- BONGAIGAON, PIN- 783392, ASSAM VERSUS THE STATE OF ASSAM AND 2 ORS TO BE REPRESENTED BY THE COMMISISONER AND SECRETARY TO THE GOVT. OF ASSAM, LAND AND REVENUE DEPARTMENT, DISPUR, GUWAHATI-6, PIN- 781006.
2:THE DISTRICT COMMISSIONER BONGAIGAON DIST. BONGAIGAON ASSAM 3:THE CIRCLE OFFICER MANIKPUR REVENUE CIRCLE DIST. BONGAIGAON ASSA Advocate for the Petitioner : MR. A AHMED, MR. M A CHOUDHURY,U U KHAN,MR A AHMED Advocate for the Respondent : GA, ASSAM, SC, REVENUE
BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA
ORDER
Page No.# 2/3 28.02.2025 Heard Mr. A Ahmed, learned counsel for the petitioner. Also heard Ms. G. Hazarika, learned counsel for the respondent No. 1 and Mr. J. Handique, learned Government Advocate for the respondents No. 2 & 3. The petitioner is aggrieved that his prayer for demarcation for the boundary of the land owned by the petitioner measuring 2 Bigha 0 Katha, 8 Lessa out of 6 Bigha, 4 Katha, 8 Lessa covered by dag No. 380 Patta No. 169 situated at Village-Abadi, Mouza Manikpur under the Manikpur Revenue Circle of Bongaigaon district has not been considered. He had filed an appeal under Section 8 of the Assam Right to Public Services Act, 2012, the same however has not been disposed of. Being aggrieved, he has approached this Court. Ms. G Hazarika, learned Standing Counsel, Revenue Department has placed before the Court the OM No. RRF.18/2017/Pt/163 dated Dispur, the 21st December, 2020 wherein it is provided that in respect of demarcation of land, the designated appellate authority is the Addl. Deputy Commissioner of the District and the Deputy Commissioner of the concerned district is a reviewing authority. Therefore, the application ought to have been appropriately filed before the Addl. Deputy Commissioner, Bongaigaon. Having heard the learned counsel for the parties and upon perusal of the OM dated 21.12.2020, this Court is of the view that the objection raised by the counsel for the Revenue is justified as the OM reflects the complete procedure for issuance of demarcation certificate and also specifies the designated public servants to act as the demarcation appellate authority as well as Reviewing authority. A copy of this OM is placed before the Court is kept in the case record.
Page No.# 3/3 In view of the procedure prescribed in the OM dated 21.12.2020, this writ petition stands disposed of giving liberty to the petitioner to file a proper application before the appropriate appellate authority. If the application is filed within a period of 7 days from the date of receipt of a certified copy of this
order then the application shall be disposed of in terms of the period specified in the OM dated 21.12.2020 which is 30 days from the date of receipt of the application. With the above observation, the writ petition stands disposed of.
JUDGE Comparing Assistant