Page No.# 1/5 GAHC010045562026 2026:GAU-AS:6982 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1439/2026 MD HASMAT ALI S/O LATE DARUG ALI R/O DAKHIN SHINGRA P.O. KOWARPUR, AND P.S. HAJO DIST. KAMRUP, ASSAM VERSUS THE GOVERNMENT OF ASSAM AND 3 ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY, REVENUE AND DISASTER MANAGEMENT DEPARTMENT, HAJO, GUWAHATI-06. 2:THE DISTRICT COMMISSIONER KAMRUP AMINGAON ASSAM. 3:THE CIRCLE OFFICER HAJO REVENUE CIRCLE HAJO DIST. KAMRUP ASSAM 4:THE OFFICER-IN-CHARGE HAJO POLICE STATION HAJO DIST. KAMRUP ASSA Page No.# 2/5 Advocate for the Petitioner : MR. R ALI, U S HASSAN,N PERVIN,MR. MUSTAFA HUSSAIN,MR H A AHMED Advocate for the Respondent : GA, ASSAM, SC, REVENUE BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER Date : 20.05.2026 Heard Mr. R. Ali, learned counsel for the petitioner; Mr. A. Bhattacharjee, learned Standing Counsel, Revenue Department for the respondent no. 1; and Mr. B.J. Talukdar, learned Senior Counsel assisted by Mr. P.K. Medhi, learned State Counsel for the respondent nos. 2, 3 & 4. 2. The petitioner has stated that by virtue of purchase on the strength of a registered Sale Deed dated 16.03.2004, the petitioner has become the owner of a plot of land measuring 3 Bighas, 2 Kathas & 10 Lessas, covered by Dag no. 315 & K.P. Patta no. 196, situate at Village – Dakhin Shingra, Mouza – Hajo, Police Station – Hajo, District – Kamrup [‘the subject-plot’, for short]. After the registration of the Sale Deed, the subject-plot has also been mutated in favour of the petitioner in the revenue records on 14.07.2008. When the petitioner measured the area of land in his possession, he found that about an area of 1 Bigha was short within the subject-plot. Thereafter, the petitioner submitted an Application before the respondent no. 3 on 09.03.2021 seeking demarcation of the subject-plot. The respondent no. 3 had acknowledged the receipt of the application vide Receipt no. 3223 on 09.03.2021 and initiated a verification process. But, no discernible steps were found to have been taken subsequently to bring the process of demarcation to any logical conclusion. With such projections, the petitioner has preferred the instant writ petition. 3. From the facts projected, it also transpires that after filing the Application for demarcation on 09.03.2021, the petitioner has also been sitting over it without pursuing the matter diligently. Be that as it may. 4. Demarcation has been declared a notified service under Section 4 of the Assam Right to Public Services Act, 2012 [‘the Act’, for short] by an Office Memorandum bearing no. RRG.18/2017/Pt/163 dated 21.12.2020 of the Government of Assam in the Revenue & Disaster Management [Reforms] Department. Page No.# 3/5 5. 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]. 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 Page No.# 4/5 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 Revenue & D.M. Department. 6. It is 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. If it is a case of simple demarcation, as it has been projected by the petitioner, the petitioner should 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. 7. In view of the availability of the alternative, efficacious and statutory remedy, the writ petition is disposed of by directing the petitioner to avail such statutory remedy under the Act, available to him under the law. It is accordingly observed that in the event the petitioner files an application for demarcation following due procedure, the respondent authorities, more particularly, the Designated Public Service shall acknowledge the same first and thereafter, shall proceed to dispose of the said application as per the procedure laid down in the Act and strictly in terms of the Office Memorandum dated 21.12.2020 within the stipulated time period prescribed for the said notified public service [demarcation]. Page No.# 5/5 8. This order disposes of the writ petition. . JUDGE Comparing Assistant