GAHC010230612025

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THE GAUHATI HIGH COURT

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

Case No. : WP(C)/6231/2025

SHRI DINA SHARMA @ DINA NATH SHARMA

S/O LATE HARI LAL SHARMA, R/O BARSHAPARA, HOUSE NO 15, BY- LANE

NO 2 (LEFT), BEHIND BAJRANG ISPAT INDUSTRIAL ROAD, P.O.-

UDALBAKRA, GUWAHATI-34, PHONE NO- 9706070291

VERSUS

THE STATE OF ASSAM AND 6 ORS

REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT

OF ASSAM, LAND AND REVENUE DEPARTMENT, DISPUR, GUWAHATI-6

2:THE DISTRICT COMMISSIONER

KAMRUP (METRO) DISTRICT

HENGRABARI GUWAHATI-36

3:THE ADDITIONAL DISTRICT COMMISSIONER

REVENUE DIMORIA SONAPUR

CO DISTRICT KAMRUP METRO ASSAM

4:THE CIRCLE OFFICER

CHANDRAPUR REVENUE CIRCLE

KAMRUP METRO 5:THE SURVEYOR

O/O THE CIRCLE OFFICER

CHANDRAPUR REVENUE CIRCLE KAMRUP METRO

6:SHRI SIDDHARTHA HAZARIKA

S/O NARAD HAZARIKA

R/O 2NO HAJOBARI PO CHANDRAPUR DISTRICT KAMRUP METRO PIN Advocate for the Petitioner : MR. B CHETRI, MS. D BORA Advocate for the Respondent : GA, ASSAM, SC, REVENUE BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

ORDER

Advocate for the petitioner : Shri B. Chetri, Advocate, Advocate for the respondents : Shri N Goswami, Govt. Advocate, Assam.

Ms. PR Mahanta, SC, Revenue Department, Assam.

Date of hearing : 07.11.2025. Date of judgment : 07.11.2025.

JUDGMENT & ORDER Heard Shri B. Chetri, learned counsel for the petitioner. Also heard Shri N Goswami, learned State Counsel, Assam as well as Ms. PR Mahanta, learned Standing Counsel, Revenue Department.

2. Considering the facts and circumstances and the issue involved, this writ petition is taken up for disposal at the admission stage.

3. The petitioner claims that in the year 1962, his father Lt. Harilal Sharma had purchased a plot of land measuring 2 bighas covered by Dag No. 197 of Kheraj Myadi Patta No. 03 under Mouza Panbari in the district of Kamrup (M) vide registered Sale Deed No. 5554. Out of the aforesaid plot, some portion of the land was sold out to certain individuals and 1 bigha 2 lechas remained in the name of the petitioner. The petitioner and the said individuals have been paying the land revenue and in the Jamabandi, the name of the petitioner was mutated. The petitioner had also obtained draft Chitha and his name was shown as one of the pattadars. The petitioner claims to have submitted an application dated 21.12.2023 before the Assistant Settlement Officer, Chandrapur for settlement of boundary dispute and accordingly, Boundary Case No. 46/2023-24 has been registered and notices were issued. Out of 13 co- pattadars, the respondent no. 7 had filed an objection. Based on the said objection, an order dated 31.07.2025 has been filed rejecting the prayer.

4. Shri Chetri, learned counsel for the petitioner has submitted that there is a requirement to consider and pass appropriate orders on the application of the petitioner regarding his land.

5. Per contra, Shri Goswami, learned State Counsel has submitted that applications of the present nature are to be filed under the provisions of the Assam Right to Public Services Act, 2012 and the notifications issued thereunder. Ms. Mahanta, learned Standing Counsel, Revenue has endorsed the aforesaid submission of the learned State Counsel.

6. After hearing the learned counsel for the parties and without going to the aspect as regards the inter se rights of the contesting parties over the plot of land, this Court is of the opinion that the interest of justice would be served and equities would be balanced if the petitioner is directed to submit a fresh application in the prescribed format before the Circle Officer in terms of the Assam Right to Public Services Act, 2012 and the notifications thereunder. In the event, such an application is filed in the prescribed format along with the necessary fees, the same is directed to be considered and disposed of by the concerned Circle Officer expeditiously and within the time permitted by the Act in question.

7. It is needless to state that in consideration and disposal of the aforesaid a