Page No.# 1/4 GAHC010196222024 2026:GAU-AS:7313 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4920/2024 SANDEEP AGARWALLA SON OF LATE TULARAM AGARWALLA, PERMANENT RESIDENT OF GAURISAGAR TINIALI, DIKHOWMUKH ROAD, P.O. AND P.S. GAURISAGAR, PIN- 785644, DISTRICT- SIVASAGAR, ASSAM, PRESENTLY RESIDING AT FLAT NO. 3E, ROYAL RESIDENCY SIKARIA COMPOUND, CHRISTIAN BASTI, G.S.ROAD, P.S. DISPUR, GUWAHATI- 781005, DISTRICT- KAMRUP (METRO), ASSAM VERSUS THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, REVENUE DEPARTMENT, ASSAM SECRETARIAT, DISPUR, GUWAHATI- 781006, ASSAM 2:THE DEPUTY COMMISSIONER SIVASAGAR- 785640 ASSAM 3:THE CIRCLE OFFICER IN THE OFFICE OF THE DEPUTY COMMISSIONER SIVASAGAR- 785640 ASSAM 4:SRI SANJAY AGARWALLA SON OF LATE TULARAM AGARWALLA RESIDENT OF GAURISAGAR TINIALI DIKHOWMUKH ROAD P.O. AND P.S. GAURISAGAR PIN- 785644 DISTRICT- SIVASAGAR ASSA Page No.# 2/4 Advocate for the Petitioner : MR SISHIR DUTTA, MR. B K JAIN,MR. N J DAS,MS. C AGARWAL Advocate for the Respondent : SC, REVENUE, MR. A R SHOME (R-4),MR N ALAM (R-4),GA, ASSAM BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 26.05.2026 Heard Mr. S. Dutta, learned Senior Counsel assisted by Ms C. Agarwal, learned counsel for the petitioner. Also heard Mr. J. Handique, learned counsel for the respondents No.2 and 3 as well as Ms G. Hazarika, learned Standing Counsel, Revenue Department for the respondent No.1 and Mr. A.R. Shome, learned counsel for the respondent No.4. 2. The petitioner, by filing the instant petition, submits that he had filed an application before the Circle Officer, Amguri Revenue Circle for demarcation of the boundaries of the scheduled land belonging to the petitioner along with his brother i.e. respondent No.4. However, despite the said application, the demarcation has not been carried out by the Circle Officer on the basis of a report submitted by the Lat Mandal of Amguri Revenue Circle, wherein it has been stated that, in respect of the aforesaid land in question, a title suit being Title Suit No.39/2018 is pending before the court of District and Sessions Judge, Sivasagar. Therefore, the Lat Mandal has reported that due to pendency of the case, steps for demarcation could not be undertaken in the instant case. Being Page No.# 3/4 aggrieved by the aforesaid report of the Lat Mandal and inaction on the part of the Circle Officer, the petitioner has approached this Court by filing this writ petition. 3. While the matter was taken up, Mr. J. Handique, learned counsel for the respondents No.2 and 3, has submitted that since there is an alternative forum available to the petitioner, this petition may not be entertained. In this regard, he has referred to the Office Memorandum dated 21.12.2020, wherein, the Citizen Charter has been provided. He submits that as per the Citizen Charter, in event of any rejection by the Circle Officer, the appellate authority i.e. Additional Deputy Commissioner is available, before whom, the petitioner can approach by filing an appeal. Therefore, he submits that the petitioner should be directed to approach the Additional Deputy Commissioner of Sivasagar District by filing an appeal for consideration of his grievance. He has further referred to the case of Premchan Mandal and 2 Ors Vs. The State of Assam and 17 Ors. (WP(C) No.2743/2022) decided on 18.05.2022 wherein, the Coordinate Bench of this Court in a similar facts and circumstances, and due to the availability of alternative, efficacious and adequate remedy, directed the petitioner therein to approach, by filing an appeal, as per the terms of the Citizen Charter available in the aforesaid Office Memorandum dated 21.12.2020. 4. Taking into account the submissions made by the learned counsel for the respondents as well as the direction of the Coordinate Bench of this Court, this Court is of the considered opinion that the instant case also requires to be sent back for consideration by the appellate authority, if the Page No.# 4/4 petitioner desires to file an appeal in terms of the Citizen Charter before the Additional Deputy Commissioner, Sivasagar. 5. Accordingly, it is directed to the petitioner that the petitioner may file an appeal before the Additional Deputy Commissioner, Sivasagar along with a certified copy of the instant order at the earliest, if so advised. After receipt of such appeal by the Additional Deputy Commissioner, Sivasagar, he shall dispose of the matter, in terms of the Office Memorandum dated 21.12.2020. 6. Needless to say, the petitioner shall be given a right of hearing and opportunity to submit all the documents in support of his case. 7. In terms of the aforesaid directions, the instant writ petition is disposed of. JUDGE Comparing Assistant