Ram Sundar Sarma and Anr v. The State of Assam and 2 Ors

ORDER Date : 08.11.2024

Heard Mr. G Das, the learned counsel appearing on behalf of the petitioners. Mr. A Bhattacharjee, the learned counsel appears on behalf of the respondent No.1 and Mr. H Sarma, the learned Additional Senior Government Advocate, Assam appears on behalf of the respondent Nos. 2 and 3.

¶2The petitioners herein are aggrieved by the inaction on the part of the respondent authority in carrying out the demarcation of the land of the petitioners. It is the specific case of the petitioners that the petitioners are the owners of a plot of land ad measuring 2 kathas 15 lechas covered by Dag No.322 of Khiraj Periodic Patta No.82 of village Amlokhi Doloni, Mouza-Helem, under Helem Revenue Circle, which the petitioners had purchased vide Page No.# 3/5 registered sale deed No.541 dated 07.04.1992. The petitioner No.2 thereupon submitted an application for demarcation on 20.01.2022 before the respondent No.3 seeking demarcation of the land. However, no action was taken and, as such, the petitioners had approached this Court by filing the present writ petition.

¶3It is relevant to take note of that the learned counsel appearing on behalf of the petitioners has drawn the attention of this Court to the Office memorandum dated 21.12.2020 issued by the Revenue and Disaster (Reforms) Department of the Government of Assam, whereby the manner in which a Demarcation certificate is to be issued has been duly mentioned.

¶4It is further seen that pursuant to filing of the instant writ petition, the respondent No.3 had filed the affidavit-in-opposition, wherein it was duly admitted that the respondent No.3 had received the petition seeking demarcation of land under Dag No.322 of Khiraj Periodic Patta No.82 measuring 4 kathas 1 kechas of village Amlokhi Doloni, Mouza-Helem, under Helem Revenue Circle. It was further mentioned that the actual Pattadars of the said land are (i). Ram Sundar Sarma, (ii). Biren Kuwar, (iii). Rajendra Sarma. It is further mentioned that there was no consent taken from the co-pattadars and additionally, a complaint petition was also received from one Minakshi Devi, who is the pattadar of the adjacent Dag No.368 of Period Patta No.83 of the concerned plot of land.

¶5This Court on an earlier occasion, when the matter was taken up has Page No.# 4/5 sought for certain instruction(s) as to whether the petitioners would continue to seek the demarcation in respect to 1 katha 7.5 lechas of land in Dag No.322 of Khiraj Periodic Patta No.82 of village Amlokhi Doloni, Mouza-Helem. The learned counsel appearing on behalf of the petitioners submitted that the petitioners are only interested in respect to the demarcation of 2 kathas 15 lechas of land, which was purchased by the petitioners vide the sale deed dated 07.04.1992.

¶6This Court has also perused the Office Memorandum dated 21.12.2020, whereby the manner in which the Demarcation Certificate is to be issued has been duly mentioned. It is also seen that the two petitioners herein are the owners of the land in question and as such, there seems to be no impediment in issuance of a Demarcation Certificate in terms with the Office Memorandum dated 21.12.2020. Accordingly, the respondent No.3, who is the Circle Officer of the Helem Revenue Circle is directed to carry out the demarcation of the plot of land ad measuring 2 kathas 15 lechas under Dag No.322 of Khiraj Periodic Patta No.82 of village Amlokhi Doloni, Mouza-Helem, under Helem Revenue Circle and issue a Demarcation Certificate to the petitioners.

¶7It is, however, mentioned that in carrying out the said Demarcation proceedings, the Revenue Authorities shall not in any manner disturb the possession of any person, who is in occupation of such lands.

¶8With the above, the instant writ petition stands disposed of.

¶9The entire process, as directed above, be completed within a period of Page No.# 5/5 30(thirty) days from the date a certified copy of this order is served upon the Respondent No.3.

JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010086002023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/3186/2023o RAMoSUNDARoSARMAoANDoANRo SONoOFoLATEoKHUDIRAMoSARMA,o RESIDENToOFoVILL/TOWN-oAMLAKHIoDOLONIo(HELEMoCHARIALI),o P.S.-oHELEM,oP.O.-oHELEM,o PIN-o784170,o DISTRICT-oBISWANATH,oSTATE-oASSAM. 2:oRAJENDRAoSARMA oSONoOFoLATEoKHUDIRAMoSARMA o RESIDENToOFoVILL/TOWN-oAMLAKHIoDOLONIo(HELEMoCHARIALI) o P.S.-oHELEM oP.O.-oHELEM o PIN-o784170 o DISTRICT-oBISWANATH oSTATE-oASSAMo VERSUSo THEoSTATEoOFoASSAMoANDo2oORSo REPRESENTEDoBYoTHEoSECRETARYoTOoTHEoDEPARTMENToOFoREVENUE,o CAPITALoCOMPLEX,oDISPUR,o GUWAHATI-o781006. 2:THEoDEPUTYoCOMMISSIONER oBISWANATH oGOVERNMENToOFoASSAM oNILPURoT.W.o255/240 o ASSAM-o784176. Page No.# 2/5 3:THE CIRCLE OFFICER HELEM REVENUE CIRCLE GOVERNMENT OF ASSAM GUWAHATI- 784170 Advocate for the petitioner(s): Mr. G Das Advocate for the respondent(s): Mr. A Bhattacharjee, Standing Counsel, Revenue, Department, Govt. of Assam Mr. H Sarma, Additional Senior Govt. Advocate BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH