Disposed

Samsul Hoque v. the State of Assam and 2 Ors.

Gauhati HC4 Apr 2022WP(C)/1913/2022

Case brief

AI extract

What is this about?

Petitioner filed a writ petition challenging the inaction of authorities in demarcating his Patta land. Court dismissed the petition directing the petitioner to submit the demarcation application to the Circle Officer under the Assam Right to Public Service Act, 2012.

What did the court decide?

Petitioner directed to submit application for demarcation of land to the Circle Officer, Srijangram Revenue Circle, District Bongaigaon.

Samsul Hoque Vs the State of Assam and 2 Ors. — Public Procurement and Tenders | Gauhati HC (2022)

¶1

Page No.# 1/3

¶2

GAHC010050032022

¶3

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

¶4

Case No. : WP(C)/1913/2022

¶5

SAMSUL HOQUE S/O- LATE ABU BAKKAR SIDDIQUE VILL- BALARCHAR P.O- KIRTANPARA P.S- ABHAYAPURI DIST- BONGAIGAON, ASSAM

¶6

VERSUS

¶7

THE STATE OF ASSAM AND 2 ORS REP. BY THE COMMISSIONER AND SECRETARY, TO THE GOVERNMENT OF ASSAM, REVENUE AND D.M DEPARTMENT DISPUR, GUWAHATI-781006

¶8

2:THE DEPUTY COMMISSIONER DHUBRI P.S AND P.O- DHUBRI DIST- DHUBRI ASSAM PIN-783380

¶9

3:THE CIRCLE OFFICER SRIJANGRAM P.S- ABHAYAPURI P.O- ABHAYAPURI DIST- DHUBRI ASSAM PIN-78338

¶10

Advocate for the Petitioner : MR. M I HUSSAIN

¶11

Advocate for the Respondent : SC, REVENUE

¶12

Page No.# 2/3

¶13

BEFORE

¶14

HON’BLE MR. JUSTICE MANASH RANJAN PATHAK

¶15

O R D E R

¶16

04-04-2022

¶17

Heard Mr. M. I. Hussain, learned counsel for the petitioner. Also heard Mr. B. J. Talukdar, learned Standing counsel, Revenue and Disaster Management Department for the respondent No.1 and Ms. M. Barman, learned Government Advocate, Assam for the respondent Nos. 2 and 3.

¶18

Matter relates to demarcation of land.

¶19

The petitioner on 05.01.2022 submitted an application before the Deputy Commissioner, Bongaigaon to demarcate his Patta land measuring – (i) 3 Kathas 4 Lechas under Dag No.453, (ii) 1 Bigha under Dag No.456, (iii) 1 Bigha 2 Kathas 6 Lechas under Dag No.458 and (iv) 2 Kathas 10 lechas under Dag No.466 all of Patta No. 181 and (v) 1 Katha 15 Lechas under Dag No.464 of Patta No.106, (vi) 3 Kathas 11 Lechas under Dag No.871 of Patta No.107 and (vii) 6 Bighas 6 Lechas under Dag No.461 of Patta No.182 of village – Balarchar under Srijangram Revenue Circle in the district of Bongaigaon.

¶20

Since the matter is pending before the said authority without any consideration, the petitioner being aggrieved, has preferred this writ petition.

¶21

During the deliberation of the matter, Ms. M. Barman, learned Government Advocate, Assam, placed a copy of the Office Memorandum (OM) being No.RRG.18/2017/Pt/163 dated 21.12.2020 issued by the State Government in the Revenue and Disaster Management (Reforms) Department relating to demarcation of land relating to services under the Revenue and Disaster Management Department as per the provisions of Section 4 of the Assam Right to Public Service Act, 2012 that contains issuance of Demarcation Certificate.

¶22

The said OM dated 21.12.2020 of the Revenue and Disaster Management (Reforms) Department specifically provides that under the provisions of the Assam Right to Public Service Act, 2012 an applicant is required to apply in the Standard Form before the concerned Circle Officer with relevant documents for issuance of Demarcation Certificate of land of the said applicant.

¶23

Page No.# 3/3

¶24

The said OM also clarifies that the concerned Circle Officer is the Designated Public Servant who is the specific authority to provide such certificate within a period of 30 days, whereas, the Additional Deputy Commissioner concerned is the Designated Appellate Authority who is required to consider such appeal of person within 30 days relating to such demarcation of land. Further the Deputy Commissioner is the concerned Reviewing Authority.

¶25

Considering the above, this writ petition is disposed of at the motion stage itself directing the petitioner to submit his application for demarcation of his land, noted above, before the Circle Officer, Srijangram Revenue Circle, District - Bongaigaon as per the said OM dated 21.12.2020 issued under the provisions of the Assam Right to Public Service Act, 2012.

¶26

With the above observation and direction, this writ petition stands disposed of.

¶27

JUDGE

¶28

Comparing Assistant

Samsul Hoque v. the State of Assam and 2 Ors.

Case brief

What is this about?

What did the court decide?

Samsul Hoque v. the State of Assam and 2 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sonitpur Dhatri Sewa Samity Vs the State of Assam and Anr.

Amri Karbi Developmental Society and 2 Ors. Vs the State of Assam and 5 Ors.

Puniram Das Vs the State of Assam and 3 Ors.

Ratan Agarwalla and 2 Ors. Vs the State of Assam and 7 Ors.

The Union of India and 2 Ors. Vs Smti. Krishna Devi @ Sabitri Devi (Rani)

Sandhya Rani Shill Vs the State of Assam and 6 Ors.