BIKROM SINGHA LAHKAR v. THE STATE OF ASSAM AND 2 ORS
WP(C)/1851/2025 · 2025-05-20
Arun Dev Choudhury
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 9715 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 9715 (GAU) · dailylaw.ai ]
Judgment text
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Page No.# 1/4 GAHC010062672025
2025:GAU-AS:6377
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1851/2025 BIKROM SINGHA LAHKAR S/O- LATE KHAGEN SINGHA LAHKAR, RESIDENT OF GAUHATI UNIVERSITY BY PASS ROAD, NATIONAL HIGHWAY-17, P.O. PANDU, P.S.
JALUKBARI, DIST. KAMRUP METRO, ASSAM, GUWAHATI-781012. VERSUS THE STATE OF ASSAM AND 2 ORS REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM, REVENUE AND DISASTER MANAGEMENT DEPARTMENT, DISPUR, GUWAHATI-781006.
2:THE DISTRICT COMMISSIONER KAMRUP AMINGAON GUWAHATI-781031 ASSAM 3:THE CIRCLE OFFICER RANGIA REVENUE CIRCLE RANGIA DIST. KAMRUP ASSAM PIN- 781354 Advocate for the Petitioner : PETITIONER IN PERSON, MR. B S LAHKAR Advocate for the Respondent : GA, ASSAM, SC, REVENUE
Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY
ORDER 21.05.2025
1. Heard Mr. B. S. Lahkar, the petitioner is person. Also heard Mr. N. Goswami, learned State counsel representing the respondent Nos. 2 and 3. 2. The petitioner in this writ petition has, inter-alia, projected as follows :-(1) That the petitioner states that Late Shantiram Lahkar, the grandfather of the petitioner was the absolute owner of a plot of land measuring 2 Bighas 4 Kathas covered by Dag No. 128 under K.P. Patta No. 27 situated at Village: Dakhin Sitara, Mouza: Panduri, Rangia Revenue Circle in the district of Kamrup, Assam. After the death of Shantiram Lahkar, the names of his legal heirs (sons) namely
1. Khagen Singha Lahkar, 2. Bhaben Singha Lahkar, 3. Akshy Singha Lahkar, 4. Tarun Singha Lahkar, 5. Kartabya Singha Lahkar, 6. Bipul Singha Lahkar and 7. Prabhat Singha Lahkar were mutated in the records of rights vide order dated 10.02.2006 issued by the Circle Officer, Rangia Revenue Circle; (2) That the petitioner states that as per family settlement between the legal heirs of Late Shantiram Lahkar, land measuring 2 Bighas covered by Dag No. 128 under K.P. Patta No. 27 situated at Village: Dakhin Sitara, Mouza: Panduri, Rangia Revenue Circle in the district of Kamrup, Assam fall into the share of Khagen Singha Lahkar i.e. the father of the petitioner. Thereafter, the father of the petitioner gifted the aforesaid plot of land measuring 2 Bigha to the petitioner vide Gift Deed dated 04.02.2010. Accordingly, the petitioner got his name mutated in the records of rights in respect of the said plot of land which was granted by the Circle Officer, Rangia by order dated 20.04.2013; (3) That the petitioner states that the petitioner had applied for granting a separate Patta for 1 Bigha 3 Kathas 13 Lechas out of the aforesaid land before the. revenue authorities. The concerned revenue authority has issued separate Patta in respect of the land of
Page No.# 3/4 the petitioner being Dag No. 393 Patta No. 148 vide order dated 26.08.2022 issued by the respondent no. 3 in favour of the petitioner for land measuring 1 Bigha 3 Katha 13 Lechas of land only; and [4] That the petitioner states that after the execution of the aforesaid Gift Deed, the petitioner had approached the respondent no. 3 and requested him to demarcate the aforesaid 2 Bighas of land gifted by the father of the petitioner. 3.
After the gift deed, the petitioner applied for granting a separate patta for the subject-land and the respondent authorities issued a separate patta in respect of the subject-land with new Dag no. 393 and Patta no. 148 vide an Order dated
26.08.2022. After submission of the application for demarcation of the subject- land on 19.03.2024, the respondent no. 3 had issued notices to the other interested persons on 20.11.2023. As after issuance of the Notice on 20.11.2023, the respondent authorities, more particularly, the respondent no. 3 has not proceeded further with the process of demarcation, the petitioner is before this Court. The petitioner has stated a number of dates were fixed for demarcation but for one reason or the other, the respondent no. 3 did not carry out the demarcation process. 4. In view of the aforesaid, this Court sought instruction from the respondent. 5. When the matter is listed today, the petitioner in person submits that during the pendency of this writ petition, the Circle Officer, Rangia Revenue Circle, has already initiated the process and issued notice. The learned State counsel, on instruction submits that entire process shall be completed within the time prescribed under the Assam Right to Public Service Act, 2012 and as per law holding the field in this regard. 6. In view of the aforesaid, more particularly, for the reason that the Circle Officer has initiated the process of demarcation in terms of the aforesaid Act, 2012, this
Page No.# 4/4 matter should not be kept pending and accordingly, this writ petition stands
disposed of with a direction that the concerned authority/Designated Public Servant shall complete the entire process as mandated under the aforesaid Act, 2012 and as per law holding the field in this regard, within the period stipulated under the Act, 2012 from the date of issuance of the notice.
7. With the aforesaid, this writ petition stands disposed of.
JUDGE Comparing Assistant