GAHC010228522025

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THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/6127/2025

BIRAJA DAS AND 3 ORS

DAUGHTER OF LATE MADHURAM DAS, RESIDENTS OF VILLAGE- GARAL,

P.S. AZARA, GUWAHATI, DISTRICT- KAMRUP (M), ASSAM, PIN- 781017

2: SRI DHRUBA DAS

SON OF LATE MADHURAM DAS

RESIDENTS OF VILLAGE- GARAL

P.S. AZARA GUWAHATI

DISTRICT- KAMRUP (M)

ASSAM

PIN- 781017

3: SRI HIREN DAS

SON OF LATE MADHURAM DAS

RESIDENTS OF VILLAGE- GARAL

P.S. AZARA GUWAHATI

DISTRICT- KAMRUP (M)

ASSAM

PIN- 781017

4: SRI PARMESWAR DAS

SON OF LATE MADHURAM DAS

RESIDENTS OF VILLAGE- GARAL

P.S. AZARA GUWAHATI

DISTRICT- KAMRUP (M)

ASSAM

PIN- 78101

VERSUS

THE STATE OF ASSAM AND 2 ORS

REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, REVENUE AND DISASTER MANAGEMENT DEPARTMENT, DISPUR, GUWAHATI- 781006

2:THE DISTRICT COMMISSIONER KAMRUP (M)

GUWAHATI ASSAM PIN- 781036

3:THE CIRCLE OFFICER AZARA REVENUE CIRCLE GUWAHATI KAMRUP (M)

ASSAM PIN- 78101 Advocate for the Petitioner : MR. D BHUYAN, MR N SARMA Advocate for the Respondent : SC, REVENUE, GA, ASSAM BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY

ORDER

Date : 10-11-2025 Heard Mr. N. Sarma, learned counsel for the petitioners; Ms. G. Hazarika, learned Junior Government Advocate, Assam for the respondent no. 1; and Mr. N. Das, learned Junior Government Advocate, Assam for the respondent nos. 2 & 3.

2. The petitioners have stated that they are legal heirs [sons and daughter] of one Late Madhuram Das, who was owner of a plot of land measuring 1 Bigha 2 Kathas 10 Lessas, covered by Dag no. 344 & Patta no. 529, situate at Revenue Village – Garal, Mouza – Ramcharani, Azara Revenue Circle, District – Kamrup [M] [‘the subject-plot’, for short]. It is stated by the petitioners that their names have been reflected in the Jamabandi for surveyed Village – Garal.

3. The petitioners have further stated that they made an application seeking demarcation of the boundaries of the subject-plot. At one point of time, the respondent no. 3 issued a notice to the petitioners and possessors of the plots of land adjoining to the subject-plot to be present on 21.05.2025 for demarcation of the boundaries of the subject-plot. But on 21.05.2025, no demarcation exercise was carried out. As during the subsequent period no discernible steps are found to have been taken by the respondent authorities, more particularly, by the respondent no. 3, the petitioners are before this Court by the instant writ petition seeking inter alia a direction to the respondent authorities to demarcate the boundaries of the subject-plot.

4. On 31.10.2025, the learned Junior Government Advocate, Assam was asked to obtain instruction about the reason for not carrying out the demarcation process till date.

5. In deference to the Order dated 31.10.2025, Mr. Das, learned Junior Government Advocate has placed an Office Letter dated 06.11.2025 of the respondent no. 2 addressed to him.

6. As per the instructions contained in the Office Letter dated 06.11.2025, after the process of serving notices was initiated on 06.05.2025 by asking the stakeholders to submit objections, if any, an objection was received from one Shantiram Das with request to suspend the demarcation process till disposal of another case filed by him in respect of a parcel of land under the same dag. In the other case, filed by Shantiram Das, the petitioners herein submitted their objection and the other case had been dropped thereafter. The respondent no. 2 has further mentioned that a joint representation filed by the petitioners herein on 18.09.2025 had already been forwarded to the respondent no. 3 for taking necessary action from his end. The respondent no. 2 has further stated that it has been reported by the respondent no. 3 that the demarcation process was kept suspended due to the raining season and as the rainy season has already been over, necessary steps for conducting the demarcation process of the subject-plot are being taken presently.

7. On further query, M