GAHC010062192022 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/2403/2022 NIKHIL NARAYAN DEB CHOUDHURY S/O- LATE RAJANI KANTA DEB CHOUDHURY, R/O- SANTIPUR HILL SIDE, P.O AND P.S- BHARALUMUKH, DIST- KAMRUP (M), ASSAM VERSUS THE STATE OF ASSAM AND 4 ORS REP. BY THE PRINCIPAL SECRETARY, HOME AND POLITICAL DEPARTMENT DISPUR, GUWAHATI-06

2:THE DEPUTY COMMISSIONER KAMRUP (M)

ASSAM GUWAHATI-781001

3:THE COMMISSIONER OF POLICE GUWAHATI CITY DISTRICT ASSAM GUWAHATI-781001

4:THE CIRCLE OFFICER DISPUR REVENUE CIRCLE BASISTHA CHARALI GUWAHATI

5:THE OFFICER IN CHARGE BASISTHA POLICE STATION BASISTHA GUWAHAT BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

ORDER

10.03.2026 Heard Shri J. Sarmah, learned counsel for the petitioner. Also heard Shri J.

Handique, learned State Counsel.

The grievance of the petitioner is with regard to the inaction of the respondent authorities to carry out the demarcation process. It is projected that the petitioner had purchased a plot of land measuring 3 Katha (i. e. 8.03 Are) covered by Dag No. 426 KP Patta No. 60 of Barsojai Revenue village under Beltola Mouza of Kamrup District and possession was taken over. The petitioner has also constructed boundary walls and the land was mutated on 16.01.1995. Since the petitioner had to remain out of station in connection with his service, it was found that some unscrupulous persons had erected temporary shades inside the boundary which was immediately informed to the Circle Officer Dispur as well as the Deputy Commissioner by making a prayer for demarcation of the land. Though a demarcation case was registered as 60 of 2019 and notices issued, no action was taken.

Shri Sarmah, the learned counsel has submitted that there cannot be any discernible reasons not to finalise and complete the demarcation exercise.

After issuance of notice, the matter was looked into and Shri J. Handique, the learned State Counsel has placed before this Court, a recent communication dated 21.02.2026 issued by the concerned Circle Officer, Dispur Revenue Circle wherein it has been stated that since the establishment of the Co-District Commissioner Office is in the premises of the Office of the Dispur Revenue Circle, the concerned files appear to have been misplaced. It has however been undertaken that if the petitioner applies for demarcation with a fresh petition, the same shall be done expeditiously.

After perusal of the materials on record and also taking into consideration, the stand taken by the concerned Circle Officer in the communication dated 21.02.2026, the petitioner is granted liberty to submit a fresh application for demarcation. If such an application is made in accordance with law, the same is to be processed and the exercise be completed expeditiously and preferably within a period of 2 (two) months.

The copy of the communication dated 21.02.2026 is made part of the records.

JUDGE

Comparing Assistant