Biraja Das and 3 Ors. Vs the State of Assam and 2 Ors.

3: SRI HIREN DAS SON OF LATE MADHURAM DAS RESIDENTS OF VILLAGE- GARAL P.S. AZARA GUWAHATI DISTRICT- KAMRUP (M) ASSAM PIN- 781017 4: SRI PARMESWAR DAS SON OF LATE MADHURAM DAS RESIDENTS OF VILLAGE- GARAL P.S. AZARA GUWAHATI DISTRICT- KAMRUP (M) ASSAM PIN- 78101 VERSUS

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THE STATE OF ASSAM AND 2 ORS

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Page No.# 2/4

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REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, REVENUE AND DISASTER MANAGEMENT DEPARTMENT, DISPUR, GUWAHATI- 781006

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2:THE DISTRICT COMMISSIONER KAMRUP (M) GUWAHATI ASSAM PIN- 781036

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3:THE CIRCLE OFFICER AZARA REVENUE CIRCLE GUWAHATI KAMRUP (M) ASSAM PIN- 78101

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Advocate for the Petitioner : MR. D BHUYAN, MR N SARMA

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Advocate for the Respondent : SC, REVENUE, GA, ASSAM

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BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY

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ORDER

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Date : 10-11-2025

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Heard Mr. N. Sarma, learned counsel for the petitioners; Ms. G. Hazarika, learned Junior Government Advocate, Assam for the respondent no. 1; and Mr. N. Das, learned Junior Government Advocate, Assam for the respondent nos. 2 & 3.

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The petitioners have stated that they are legal heirs [sons and daughter] of one Late Madhuram Das, who was owner of a plot of land measuring 1 Bigha 2 Kathas 10 Lessas, covered by Dag no. 344 & Patta no. 529, situate at Revenue Village – Garal, Mouza – Ramcharani, Azara Revenue Circle, District – Kamrup [M] [‘the subject-plot’, for short]. It is stated by the petitioners that their names have been reflected in the Jamabandi for surveyed Village – Garal.

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The petitioners have further stated that they made an application seeking demarcation of the boundaries of the subject-plot. At one point of time, the respondent no. 3 issued a notice to the petitioners and possessors of the plots of land adjoining to the subject-plot to be present on 21.05.2025 for demarcation of the boundaries of the subject-plot. But on 21.05.2025, no demarcation exercise was carried out. As during the subsequent period no discernible steps are found to have been taken by the respondent authorities, more particularly, by the respondent no. 3, the petitioners are before this Court by the instant writ petition seeking inter alia a direction to the respondent authorities to demarcate the boundaries of the subject-plot.

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On 31.10.2025, the learned Junior Government Advocate, Assam was asked to obtain instruction about the reason for not carrying out the demarcation process till date.

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In deference to the Order dated 31.10.2025, Mr. Das, learned Junior Government Advocate has placed an Office Letter dated 06.11.2025 of the respondent no. 2 addressed to him.

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As per the instructions contained in the Office Letter dated 06.11.2025, after the process of serving notices was initiated on 06.05.2025 by asking the stakeholders to submit objections, if any, an objection was received from one Shantiram Das with request to suspend the demarcation process till disposal of another case filed by him in respect of a parcel of land under the same dag. In the other case, filed by Shantiram Das, the petitioners herein submitted their objection and the other case had been dropped thereafter. The respondent no. 2 has further mentioned that a joint representation filed by the petitioners herein on 18.09.2025 had already been forwarded to the respondent no. 3 for

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taking necessary action from his end. The respondent no. 2 has further stated that it has been reported by the respondent no. 3 that the demarcation process was kept suspended due to the raining season and as the rainy season has already been over, necessary steps for conducting the demarcation process of the subject-plot are being taken presently.

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On further query, Mr. Das, learned Junior Government Advocate has submitted that a period of two months would be sufficient to complete the demarcation process.

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In view of the above instructions placed on behalf of the respondent no. 2 and taking note of the submissions made by Mr. Das, this Court is of the considered view that instead of keeping this writ petition pending, the same can be disposed of with a direction to the respondent nos. 2 & 3, more particularly, the respondent no. 3 to complete the demarcation process in respect of the subject-plot as expeditiously as possible, preferably within a period of 2 [two] months from today.

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A copy of this Order is to be furnished to Mr. Das, learned Junior Government Advocate to take necessary steps from his end.

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The Office Letter dated 06.11.2025 of the respondent no. 2, as placed by Mr. Das is kept with the case record by marking it as document ‘X’.

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JUDGE

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Comparing Assistant

Biraja Das and 3 Ors. v. the State of Assam and 2 Ors.

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Biraja Das and 3 Ors. v. the State of Assam and 2 Ors.

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