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GAHC010223522024

2026:GAU-AS:6566

THE GAUHATI HIGH COURT

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

Case No. : WP(C)/5841/2024

BINOY KUMAR NATH

S/O- LATE DEBESWAR DEVNATH,

R/O- DHAPERTAL, FAKIRAGRAM,

P.O. AND P.S.- FAKIRAGRAM,

DIST.- KOKRAJHAR, BTR, ASSAM.

VERSUS

THE BODOLAND TERRITORIAL COUNCIL AND 5 ORS

REPRESENTED BY THE PRINCIPAL SECRETARY BTC,

BODOFA NWGWR, KOKRAJHAR,

BODOLAND TERRITORIAL REGION (ASSAM).

2:THE SECRETARY

REVENUE DEPARTMENT

BTC

BODOFA NWGWR

KOKRAJHAR

DIST.- KOKRAJHAR.

3:THE JOINT SECRETARY

BTC

BODOFA NWGWR

KOKRAJHAR

DIST.- KOKRAJHAR.

4:THE DISTRICT COMMISSIONER

KOKRAJHAR

KOKRAJHAR

BTR

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ASSAM.

5:THE CIRCLE OFFICER

DOTMA REVENUE CIRCLE

DIST.- KOKRAJHAR

BTR

ASSAM.

6:THE LOT MANDAL

DOTMA REVENUE CIRCLE

DIST.- KOKRAJHAR

BTR

ASSAM

Advocate for the Petitioner : MR. B J MUKHERJEE, MS R SAHA

Advocate for the Respondent : SC, BTC, MR. S S ROY, GA, ASSAM,SC, REVENUE

BEFORE

HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI

ORDER

Date : 13.05.2026

Heard Mr. B. J. Mukherjee, learned counsel appearing for the petitioner.

Also heard Mr. B. C. Muchahary, learned Standing Counsel, BTC appearing for

the respondent Nos. 1, 2, 3, 5 & 6 and Mr. N. Das, learned State Counsel

appearing for the respondent No. 4.

2. By way of the present writ petition filed under Article 226 of the

Constitution of India, the petitioner seeks issuance of an appropriate direction

to the respondent authorities, particularly respondent No. 5, to complete the

demarcation process in respect of the petitioner’s land in accordance with law.

3. The brief facts, as pleaded, are that the petitioner purchased the subject

plot of land in the year 2001. Thereafter, his name came to be duly mutated in

the record of rights, and a fresh patta was issued in his favour. Subsequently,

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the petitioner approached the Circle Officer, Dotma, seeking demarcation of

the boundaries of the said land. It appears that pursuant thereto, the Lot

Mandal undertook a measurement exercise and found that only 12 lechas of

land were under the petitioner’s possession as against the recorded extent of

15 lechas, thereby indicating a shortfall of approximately 3 lechas. Despite

repeated approaches made by the petitioner before the concerned authorities,

including submission of representations before the Circle Officer and the

District Commissioner, no effective action was taken for completion of the

demarcation process. Left with no efficacious alternative in the matter, the

petitioner has approached this Court by way of the present proceedings.

4. Before adverting to the merits of the controversy, it deserves to be noted

that the limited grievance raised by the petitioner is with regard to the non-

completion of the demarcation process concerning the subject land. The

petitioner’s representation dated 10.01.2024, addressed to the District

Commissioner, clearly reflects the nature of the grievance and is reproduced

hereunder:

“Date: 10.01.2024

To, The District Commissioner,

Kokrajhar, BTR, Assam

Sub: Request to direct the Circle Officer to complete the demarcation

process of my land.

Sir,

I am a retired person having a landed property at Dhopertal,

Fakiragram under Dotma Revenue Cirlce, Kokrajhar district and I

had applied for demarcation of my plot of land before the Circle

Office, Dotma. Though the demarcation process was started and Lat

Mondal measured my plot and found that around 3 lechas of my

land was encroached by someone else, yet the circle officer did not

complete the process of demarcation. As a result, I am not in a

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position to understand from which direction/side 3 lechas of my land

is encroached.

You are requested to direct the Circle Officer to complete the process

of demarcation at the earliest, so that no further complication arise in

future.

Thanking you,

Binoy Kumar Walh

Sri Binoy Kr. Nath

S/O Late Debeswar Nath

P.O.: Fakiragram, P.S.:

Fakiragram

Dist.: Kokrajhar, BTR, Assam

Description of my land:

A plot of land measuring 15 lechas covered by Dag 16 of Patta No.

99 o