A writ petition under Article 226 is not maintainable if an alternative, efficacious statutory remedy exists, such as the prescribed procedure for obtaining notified public services under the Assam Right to Public Services Act, 2012.

ORDER

Heard Mr. S.S. Ahmed, learned counsel for the petitioners; Ms. N. Bordoloi, learned Standing Counsel, Revenue Department for the respondent no. 1; and Mr. S.S. Roy, learned Junior Government Advocate, Assam for the respondent nos. 2, 3 & 4.

2. The petitioners, 8 in nos., have stated that they are from the same family and successors-in-interest of one Late Bidu Urang. The petitioners have stated that by virtue of inheritance, they have become owners of a plot of land measuring 4 Kathas & 13 Lessas out of a parcel of land measuring 1 Bigha, 4 Kathas & 6.94 Lessas, covered by K.P. Patta no. 61 and Dag no. 307, situate in Revenue Village – Uloni, Mouza – Dimoria, Sonapur Revenue Circle, District – Kamrup [M], Assam [‘the subject-plot’, for short]. The petitioners have further asserted that they are in continuous possession of the subject-plot and by a Mutation Order dated 21.01.2025, the names of the petitioners have been mutated in respect of the subject-plot. The petitioners have also stated that they are regularly paying land revenue in respect of the subject-plot.

3. The petitioners have instituted the instant writ petition stating that due to non-demarcation of the boundary of the subject-plot, difficulties are being faced by them to erect fencing in the boundary in and around the subject plot. The petitioners have stated that a Representation dated 03.02.2026 was filed before the respondent no. 4 seeking demarcation of the subject-plot. The petitioners have stated that as the Representation dated 03.02.2026 has not been given consideration till date, the petitioners are compelled to approach this Court by the instant writ petition seeking a direction to the respondent authorities for demarcation of the subject-plot forthwith.

4. Ms. N. Bordoloi, learned Standing Counsel, Revenue Department for the respondent no. 1 and Mr. S.S. Roy, learned Junior Government Advocate, Assam for the respondent nos. 2, 3 & 4 have, in unison, submitted that ‘demarcation’ is a notified service under the Assam Right to Public Services Act, 2012 and therefore, the petitioners are required to submit the application for ‘demarcation’ as per the prescribed procedure by depositing the requisite fee.

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 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 r