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GAHC010287502025

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THE GAUHATI HIGH COURT

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

Case No. : WP(C)/321/2026

SRI ASHOK KR. BORO

S/O- LATE RATAN KACHARI, R/O - HOUSE NO 548, A.K DEV ROAD, VILL -

DATALPARA , P.O AND P.S - FATASIL AMBARI, GUWAHATI- 781025,

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, DISPUR, GUWAHATI-

781006.

2:THE CO -DISTRICT COMMISSIONER

KAMRUP (METRO)

GUWAHATI

ASSAM

PIN-781001.

3:THE CIRCLE OFFICER

DISPUR REVENUE CIRCLE

DISPUR

GUWAHATI-786006.

4:MR RUBEN RAMESH CHOUDHURY

SON OF- LATE RAMESH CHANDRA CHOUDHURY

RESIDENT OF K.R.B ROAD

P.O AND P.S- BHARALUMUKH

GUWAHATI-78100

Advocate for the Petitioner : MR. A BISWAS, MR P K BASU

Advocate for the Respondent : GA, ASSAM, SC, REVENUE

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BEFORE

HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

ORDER

28.01 .2026

Heard Mr. A. Biswas, learned counsel for the petitioner. Also heard Mr. H.

Sarma, learned Government Advocate for the respondents Nos. 2 and 3; and Mr.

R. Borpujari, learned Standing Counsel, Revenue Department for the respondent

No.1.

2. This writ petition is filed by the petitioner who claimed to be tenants and

occupants of land measuring 10 bighas, 1 katha, 13 lecchas under the Dag

No.636(old)/688(new) of E.B. Patta No. Old 1, New 52 of Village-Fatasil, under

Mouza-Beltola, in the District of Kamrup, Assam. In respect of this land, a title

suit was instituted by the predecessor-in-interest of respondent No.4. The title

suit was partly decreed in favour of the plaintiff and pursuant thereto both the

plaintiff as well as the present writ petitioner were before the Appellate Court by

filing their respective appeals. The appeals are still pending before the Appellate

Courts.

3. The petitioner before this Court is aggrieved by the notices issued by the

Circle Officer calling upon the petitioner for demarcation of plot of land

measuring 9 bighas, 4 lecchas bearing Dag No.5211 of E.B. Patta No.959 of

village Fatasil, Mouza Beltola. The petitioner has urged before this Court that it

is the same plot of land on which the trial Court has partly decreed suit and

against the judgment of the trial Court appeals and cross appeals have been

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filed before the Appellate Court, which are still pending.

4. It is the submission of the learned counsel for the petitioner that since the

question of the right title and interest over the said plot of land is pending

disposal before the appellate forum, the revenue authorities ought not to have

accepted any application for demarcation of the said plot of land which is the

suit land. Mr. A. Biswas, learned counsel for the petitioner submits that as on

date no specific orders have been passed but several notices for proceeding for

demarcation has been issued on the respondents. It is submitted that during the

pendency of the appeal, when the very question of title is presently subjudiced

before this Hon’ble Court, any demarcation of the suit land by the revenue

authorities would be wholly unnecessary and an exercise in futility. Mere

demarcation, in itself, does not confer or determine any right, title, or interest

over the land, unless and until the land is duly identified and lawfully handed

over to the respective parties pursuant to a final adjudication. It is submitted

that since the matter is still subjudiced before the Appellate Court, the Circle

Officer ought not to have proceeded for demarcation and accordingly

apprehending that the Circle Officer will proceed for demarcation the present

writ petition has been filed.

5. Mr. H. Sarma, learned Government Advocate as well as Mr. R. Borpujari,

learned Standing Counsel, Revenue Department for the respondents strongly

objected to the submissions made by the learned counsel for the petitioner. It is

submitted that this writ petition is premature, as on date only notices are

issued, no specific orders have been passed and no hearing has taken place.

Therefor