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GAHC010022282026

2026:GAU-AS:6751

THE GAUHATI HIGH COURT

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

Case No. : WP(C)/2497/2026

SANTI RAM SARKAR AND ANR

S/O LATE JALADAR SARKAR

RESIDENT OF WARD NO. 2, MANGALDAI TOWN, MOUZA- CHAPAI, P.O.

AND P.S. MANGALDAI, DARRANG, ASSAM.

2: BOMKESH SARKAR

S/O SANTI RAM SARKAR

RESIDENT OF WARD NO. 2

MANGALDAI TOWN

DIST. DARRANG

ASSAM

VERSUS

THE STATE OF ASSAM AND 3 ORS

REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOV.T

OF ASSAM, REVENUE AND DISASTER MANAGEMENT DEPARTMENT,

DISPUR, GUWAHATI-6.

2:THE DISTRICT COMMISSIONER

DARRANG.

3:THE CIRCLE OFFICER

MANGALDAI REVENUE CIRCLE

MANGALDAI

DARRANG.

4:THE MANGALDAI MUNICIPAL BOARD

REPRESENTED BY THE EXECUTIVE OFFICER

MANGALDAI MUNICIPAL BOARD

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Advocate for the Petitioner : MR. S K TALUKDAR, K A SODIAL,MR. A SAYED

Advocate for the Respondent : GA, ASSAM,

BEFORE

HONOURABLE MR. JUSTICE MANISH CHOUDHURY

ORDER

Date : 15.05.2026

Heard Mr. S.K. Talukdar, learned counsel for the petitioners; Ms. N. Bordoloi, learned Standing

Counsel, Revenue Department for the respondent no. 1; and Mr. N. Goswami, learned Junior

Government Advocate, Assam for the respondent nos. 2, 3 & 4.

2. The petitioners have claimed that the petitioner no. 1 is the absolute owner of a plot of land

measuring 11.5 Lessas, covered by Dag no. 1651 and Periodic Patta no. 611, situate at Village –

Mangaldai Town, Mouza – Chapai, Mangaldai Revenue Circle, District – Darrang [‘the subject-plot’,

for short]. It is the case of the petitioners that an application seeking demarcation of the subject-plot

was submitted before the respondent no. 3 on 15.07.2021 and on receipt of the application, the

respondent no. 3 registered a misc. case, Misc. Case no. 10/2021-2022. During the course of the said

proceeding for demarcation, the respondent no. 3 also issued a notice to one of the neighbours of the

petitioner. But thereafter, the proceeding came to a standstill.

3. Ms. Bordoloi and Mr. Goswami, learned counsel appearing for the respondents have submitted that

near about five years have elapsed since initiation of the proceedings of Misc. Case no. 10/2021-2022.

At this distant point of time, it would be difficult to retrieve the records of such proceedings. They have

submitted that demarcation is a notified service under the Assam Right to Public Services Act, 2012, as

amended, and therefore the petitioners are required to submit a fresh application for demarcation as per

the prescribed procedure by depositing the requisite fees.

4. Mr. Talukdar, learned counsel for the petitioner has submitted that an application under the Assam

Right to Public Services Act, 2012, as amended, will be filed before the Designated Public Servant.

5. The Assam Right to Public Services Act, 2012 [‘the Act’, for short] has been enacted by the

Assam Legislative Assembly in order to provide for delivery of notified public services to the people of

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the State of Assam within the stipulated time limit and for matters connected therewith and incidental

thereto. The Act has been published in the Assam Gazette in its Issue dated 02.05.2012.

6. As per Section 2[h], ‘Right to Public Service’ means right to obtain the notified service under this

Act from time to time within the stipulated time limit as described under Section 5 and as per Section

2[i], ‘notified service’ means any service notified by the State Government under Section 4. Section 5

of the Act has laid down that every eligible person shall have the right to obtain the services in

accordance with the Act within the time bound period as notified under Section 4. It is the liability of

Government Servant to deliver services, under Section 6 of the Act, within the stipulated period. The

stipulated time limit, as per Section 7[1], starts from the date when the application for obtaining a

required notified service is submitted to the Designated Public Servant or to a person subordinate to

him authorized to receive the application. Such applicatio