Bhupati Baruah and 3 Ors v. The State of Assam and 4 Ors

JUDGEMENT AND ORDER (ORAL)

Heard Ms. C. Das, the learned counsel appearing on behalf of the petitioners. Mr. A. Bhattacharjee, the learned counsel appears on behalf of the respondent No. 1; Mr. H. Sarma, the learned Standing Counsel, BTC, appears for the respondent No. 2 and Mr. R. K. Mushahary, the learned counsel appears on behalf of the respondent Nos. 3 & 5.

¶2The petitioners have filed the instant writ petition being aggrieved by the inaction on the part of the respondent No. 5 to take necessary action for demarcation of the boundary of the petitioners plot of land covered by Dag No. 73 & 74 of Periodic Patta No. 3 of Village No.1 Chapaguri, Sidli Revenue Circle.

¶3It is the case of the petitioners that the petitioners are pattadars in respect to Dag No. 73 & 74 of Periodic Patta No. 3 of Village No.1 Chapaguri, Sidli Revenue Circle in the district of Chirang. To that effect, the Jamabandi in respect to the said land has also been brought on record in the form of Annexure-1 to the writ petition. It is the case of the petitioners that the petitioners sought demarcation of their land by filing an application before the respondent No.5. In pursuance thereto, a Demarcation Case bearing Demarcation Case No. 12/2022-23 has been registered. However, the said Demarcation Case having not been disposed of, the petitioners have approached Page No.# 4/5 this Court by filing the instant writ petition.

¶4Pursuant to the filing of the instant writ petition, an affidavit-in-opposition has been filed by the respondent Nos. 3 & 5 through the Joint Secretary, Bodoland Territorial Council, Assam. A perusal of the said affidavit shows that it is admitted that the petitioners name found in the office Chitha copy in Dag No. 73 & 74 of Periodic Patta No. 3 of Village No.1 Chapaguri, Sidli Revenue Circle. It is also mentioned that on 18.11.2022, the Lot Mandal and other officials Staff were present for demarcation but demarcation could not be performed as the possession of the petitioners were not found in the land in question. It is under such circumstances, the respondents Nos. 3 & 5 have taken a stand that the demarcation proceedings could not be completed.

¶5This Court however takes note of an Office Memorandum dated

21.12.2020 issued by the Revenue & Disaster Management (Reforms) Department of the Government of Assam, wherefrom it is seen as to why a demarcation proceedings are carried out. The said Office Memorandum stipulates that after carrying out the demarcation, a demarcation certificate is issued to establish the real extent/interest of the land and to establish the actual boundary of a particular Dag as per the cadastral map of the revenue village/ town.

¶6Under such circumstances, this Court finds no reason as to why the respondent authorities, more particularly, the respondent No. 5 has not carried out their demarcation on the ground that the petitioners are not in possession of the land in question.

¶7It is the opinion of this Court, that a demarcation proceedings is only for the purpose of establishing the real extent/interest of the land and to establish the actual boundary of a particular Dag as per the cadastral map of the revenue village/town. Under such circumstances, this Court therefore disposes of the instant writ petition thereby directing the respondent No.5 to carry out the demarcation in respect to Demarcation Case No. 12/2022-23 and in doing so shall only find out the real extent/interest of the land as well as the actual boundaries of Dag No. 73 & 74 of periodic Patta No. 3 of Village No.1 Chapaguri, Sidli Revenue Circle as per the cadastral map. It is however observed that while carrying out the said demarcation proceedings the possession of person(s) who is/are in occupation should be disturbed. It is Page No.# 5/5 further directed that after carrying out the demarcation, the petitioners herein be furnished with the demarcation certificate.

¶8With the above observation and direction the instant writ petition stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010035852023 ooooooo 2024:GAU-AS:7571 ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/1193/2023ooooooooo BHUPATIoBARUAHoANDo3oORS.o S/O-oLT.oKHARGESWARoBARUAHo@oKHARGEMOHANoBARUAHo@o KHARGAMOHANoBARUAH,oVILL-oNO-1oCHAPAGURI,oP.O.oCHAPAGURI,oP.S. DHALIGAON,oDIST.-oCHIRANG,oBTAD,oASSAM,oPIN-o783385 2:oNRIPENoBARUAH oS/O-oLT.oKHARGESWARoBARUAHo@oKHARGEMOHANoBARUAHo@o KHARGAMOHANoBARUAH oVILL-oNO-1oCHAPAGURI oP.O.oCHAPAGURI oP.S.oDHALIGAON oDIST.-oCHIRANG oBTAD oASSAM oPIN-o783385 3:oBASANTIoBARUAH oW/O-oLT.oMONURAMoBARUAH oVILL-oNO-1oCHAPAGURI oP.O.oCHAPAGURI oP.S.oDHALIGAON oDIST.-oCHIRANG oBTAD oASSAM oPIN-o783385 4:oRAJKIRANoBARUAH oS/O-oLT.oMONURAMoBARUAHo@oMANUoBARUAH oVILL-oNO-1oCHAPAGURI oP.O.oCHAPAGURI oP.S.oDHALIGAON oDIST.-oCHIRANG oBTAD oASSAM PageoNo.#o2/5 oPIN-o78338o VERSUSo THEoSTATEoOFoASSAMoANDo4oORS.o REP.oBYoTHEoCOMM.oANDoSECY.oTOoTHEoGOVT.oOFoASSAM,oLANDo REVENUEoDEPTT.,oDISPUR,oGHY-6 2:THEoCOMMISSIONER oLOWERoASSAMoDIVISION oPANBAZAR oGUWAHATI-01 3:THEoBODOLANDoTERRITORIALoCOUNCIL oREP.oBYoTHEoSECRETARY oLANDoREVENUEoDEPTT. oBTC oBODOFANAGAR oKOKRAJHAR oDIST.-oKOKRAJHAR oBTAD oASSAM oPIN-o783370 4:THEoDEPUTYoCOMMISSIONER oCHIRANG oKAJALGAON oP.O.oKAJALGAON oDIST.-oCHIRANG oBTAD oASSAM oPIN-o783385 5:THEoCIRCLEoOFFICER oSIDLIoREVENUEoCIRCLE oSIDLI oP.O.oANDoP.S.oSIDLI oDIST.-oCHIRANG oBTAD oASSAM oPIN-o78337o Page No.# 3/5 Advocate for the Petitioner(s) : Ms. C. Das Advocate for the Respondent(s) : Mr. A. Bhattacharjee Mr. H. Sarma Mr. R.K. Mushahary (Standing Counsel, BTC) Date of Hearing and Judgment : 05.08.2024 BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH