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GAHC010023702026

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

Case No. : WP(C)/1876/2026

MORJIANA SIKDER WIFE OF LATE ABDUL KALAM AZAD,, RESIDENT OF VILLAGE KARAIKHAITI, P.O.- PATHIMARI, DISTRICT- KAMRUP, ASSAM

VERSUS THE STATE OF ASSAM AND 3 ORS

REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM, REVENUE DEPARTMENT,, DISPUR GUWAHATI- 781006

2:THE DIRECTOR OF LAND RECORDS ASSAM

RUKMINI NAGAR

GUWAHATI- 32

3:THE DISTRICT COMMISSIONER (D.C.)

KAMRUP DISTRICT- KAMRUP

ASSAM PIN- 781036

4:THE CIRCLE OFFICER OF NAGARBERA REVENUE CIRCLE NAGARBERA

P.O. NAGARBERA DISTRICT- KAMRUP

ASSAM PIN- 78112

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Advocate for the petitioner(s): Mr. B Rahman

Advocate for the respondent(s): Mr. N Das, Govt. Advocate, Assam

B E F O R E HON’BLE MR. JUSTICE DEVASHIS BARUAH

ORDER

01.04.2026

Heard Mr. B Rahman, the learned counsel appearing on behalf of the petitioner.

2. Issue notice making it returnable on 13.05.2026.

3. Mr. A Bhattacharya , the learned counsel accepts notice on behalf of the respondent Nos.1 and 2 and Mr. N Das, the learned Govt. Advocate, Assam accepts notice on behalf of the respondent No.3. Extra copies of the writ

petition be served upon them during the course of the day.

4. The case of the petitioner herein is that the petitioner is the owner of a plot of land ad measuring 2 kathas 10 lechas covered by Dag No.555 of K.P. Patta No.252 of Nagarbera Kisamat under Nagarbera Mouza in the district of Kamrup,

Assam.

5. Pursuant to the order passed by this Court dated 18.07.2025 in WP(C)No.3209/2025, the land was mutated in the name of the petitioner as well as her sons. Thereupon the petitioner filed an application seeking demarcation of the land on 15.09.2025. The same having not been considered, the petitioner

has approached this Court.

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6. This Court has also perused the application so filed on 15.09.2025 wherein it appears that the petitioner has not only sought for demarcation of the land, but also handing over of the possession of the land. It, therefore, appears that

the petitioners are not in possession of the said land.

7. Be that as it may, this Court directs the respondents, more particularly, the respondent Nos.3 and 4 to apprise this Court by way of an affidavit as to why the land wherein the petitioner has sought for demarcation, no demarcation

proceedings has been initiated.

8. This Court observes that pending the next date, it shall not be a bar on the part of the respondent No.4 to initiate the process of demarcation by only showing the four boundaries of the land and without disturbing the possession

of any other person, if present, within the boundaries shown.

9. List accordingly.

JUDGE

Comparing Assistant