Page No.# 1/5 GAHC010155582026 2026:GAU-AS:10550 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3955/2026 SRI PRADIP DAIMARY S/O LATE SASTRI DAIMARY,VILL. HAJOBORI, P.O. CHANDRAPUR,P.S. PRAGJYOTISHPUR,DIST. KAMRUP (M), ASSAM,PIN 781150. VERSUS THE STATE OF ASSAM AND AND 3 ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, LAND REVENUE DEPARTMENT, DISPUR, GUWAHATI-6. 2:THE DISTRICT COMMISSIONER KAMRUP (M) HENGRABARI GUWAHATI. 3:THE CO DISTRICT COMMISSIONER SONAPUR KAMRUP (M) HENGRABARI ASSAM 4:THE CIRCLE OFFICER CHANDRAPUR REVENUE CIRCLE KAMRUP (M) ASSAM Advocate for the Petitioner : MR. SAYED SALIM AHMED, SAHIL HUSSAIN CHOUDHURY Advocate for the Respondent : GA, ASSAM, SC, REVENUE Page No.# 2/5 BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER Date : 31.07.2026 Heard Mr. S.S. Ahmed, learned counsel for the petitioner; Mr. A. Bhattacharjee, learned Standing Counsel, Revenue Department for the respondent no. 1; and Mr. N. Goswami, learned Junior Government Advocate, Assam for the respondent nos. 2, 3 & 4. 2. The petitioner is a power of attorney holder of one Smti. Kangali Kumar, who owns a plot of land measuring 2 Bighas, 3 Kathas & 16 Lessas, covered by Dag no. 176 under K.P. Patta no. 13, situate at Revenue Village - 2 No. Chandrapur, Mouza – Panbari, Chandrapur Revenue Circle, District – Kamrup [Metro] [‘the subject-plot’, for short]. The petitioner has stated that after execution of the registered General Power of Attorney dated 31.12.2011, he is managing all the affairs related to the subject-plot and is in continuous possession of the subject-plot. 3. As the boundary of the subject-plot is not demarcated, the petitioner filed a representation before the respondent no. 4 on 13.05.2026 with all the documents seeking demarcation of the subject-plot. Stating that the respondent no. 4 has not acted upon the same representation, the petitioner is before this Court with the present writ petition under Article 226 of the Constitution of India seeking a direction to the respondent authorities, more particularly, the respondent no. 4 to demarcate the subject- plot. 4. Mr. Bhattacharjee and Mr. Goswami have submitted, in unison, that the petitioner had submitted the representation for demarcation in the physical mode whereas it is mandatory under the provisions of the Assam Public Services Act, 2012, as amended, to submit such an application online as demarcation is a notified public service under the Act. 5. The Assam Right to Public Services Act, 2012 [‘the Act’, for short] has been enacted by the Assam Legislative Assembly in order 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. The Act has been published in the Assam Gazette in its Issue dated 02.05.2012. 6. As per Section 2[h], ‘Right to Public Service’ means right to obtain the notified service under this Act from time to time within the stipulated time limit as described under Section 5 and as per Section Page No.# 3/5 2[i], ‘notified service’ means any service notified by the State Government under Section 4. Section 5 of the Act has laid down 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, 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. As per Section 7[2], 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 has provided 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. For ready reference, the contents of the Office Memorandum dated 21.12.2020 are extracted hereinbelow in its entirety :- 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]. Page No.# 4/5 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 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 copattadars 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 Page No.# 5/5 Revenue & D.M. Department. 8. It is settled that when the law requires a particular thing to be done in a particular manner, then it has to be done in that particular manner and in no other manner. If it is a case of simple demarcation, as it has been projected by the petitioner, the petitioner is to avail the remedy by applying for the notified public service [demarcation] under the Act first by approaching jurisdictional Designated Public Servant by submitting the prescribed application form and by depositing of the requisite user charges, as per the prescribed procedure. In the event of such an application, the jurisdictional Designated Public Servant has to acknowledge the receipt of the same first and thereafter, to proceed to dispose of the said application as per the procedure laid down in the Act within the stipulated time period prescribed for the notified public service [demarcation]. 9. The writ petition is, therefore, disposed of by reserving the above liberty to the petitioner to avail the statutory remedy under the Act. JUDGE Comparing Assistant