2026:GAU-AS:8916 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3218/2026 JITEN BASUMATARY ALIAS JEETEN BASUMATARY S/O DEV RAM BASUMATARY, VILLAGE – ODALBKRA, P.O. LALGANESH, P.S. DISPURDIST. KAMRUP(M), ASSAM, 781019 VERSUS 1. THE STATE OF ASSAM, 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 ASSAM. 3. THE CO DISTRICT COMMISSIONER, SONAPUR, KAMRUP (M),HENGRABARI ASSAM. 4. THE CIRCLE OFFICER, SONAPUR REVENUE CIRCLE, KAMRUP, ASSAM Advocate for the Petitioner : MR. SAYED SALIM AHMED, MR. S H CHOUDHURY Advocate for the Respondent : SC, REVENUE, GA, ASSAM GAHC010123782026 BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER Date : 19-06-2026 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. J. Handique, learned Junior Government Advocate, Assam for the respondent nos. 2, 3 & 4. 2. The case of the petitioner, in brief, is that the petitioner is an attorney holder of a land-owner, Smt. Sumitra Boro, who owns and possesses a parcel of land measuring 6 Bighas 1 Katha 13 Lessas, covered by Dag no. 537 & K.P. Patta no. 30, at Revenue Village – Murkata, Mouza – Dimoria, Sonapur Revenue Circle, District – Kamrup [M] [‘the subject-land’, for short]. The petitioner has stated that as the boundary of the subject-land is not demarcated properly, an application was submitted before the respondent no. 4 on 20.01.2026 along with all the relevant documents for demarcation of the subject-plot. With a grievance that the said application has not been given consideration by the respondent no. 4, the petitioner has approached this Court by the instant writ petition. 3. Mr. Bhattacharjee, learned Standing Counsel, Revenue Department and Mr. Handique, learned Junior Government Advocate appearing for the respondents have submitted that the petitioner had submitted the application dated 20.01.2026 in physical form whereas for demarcation being a notified public service under the Assam Right to Public Services Act, 2012, an application for demarcation is to be submitted strictly in terms of a Office Memorandum dated 21.12.2020. Page 3 of 5 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 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. Page 4 of 5 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 Revenue & D.M. Department. 6. 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 an application form in the prescribed manner and by depositing of the requisite user charges. 7. In view of the availability of the appropriate 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]. 8. This order disposes of the writ petition. JUDGE Comparing Assistant