Gauhati High Court
Debajit Sarma vs The State Of Assam And 3 Ors on 9 November, 2021
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GAHC010182832020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/5509/2020
DEBAJIT SARMA
S/O- LT. GOLAP SARMA @ GOLAP CH. SARMA, R/O- LAKHIMI PATH,
MAIDAMGAON, P.O. BELTOLA, P.S. BASISTHA, GHY-28, DIST.- KAMRUP
(M), ASSAM
VERSUS
THE STATE OF ASSAM AND 3 ORS
REP. BY THE COMM. AND SECY., GOVT. OF ASSAM, DEPTT. OF REVENUE
AND DISASTER MANAGEMENT, DISPUR, GHY-06, DIST.- KAMRUP (M),
ASSAM
2:THE DIRECTOR
LAND RECORDS AND SURVEYS ETC.
ASSAM
RAJAH BHAWAN
RUPNAGAR
GHY-32
KAMRUP (M)
ASSAM
3:THE DY. COMMISSIONER
GUWAHATI
DIST.- KAMRUP (M)
ASSAM
PIN- 781001
4:THE CIRCLE OFFICER
DISPUR REVENUE CIRCLE
GHY-29
KAMRUP (M)
ASSA
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Advocate for the Petitioner : MR. S BARMAN
Advocate for the Respondent : SC, REVENUE
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
Date : 09.11.2021
Heard Mr. S. Barman, learned counsel for the petitioner. Also heard Mr. R.
Borpujari, learned Standing Counsel, Revenue and Disaster Management
Department for respondent nos. 1 and 2 and Mr. K. Goswami, learned Additional
Senior Government Advocate for respondent nos. 3 and 4.
2. The petitioner has claimed that he is an absolute owner of a plot of land
measuring 2 Kathas and 15 Lessas, covered by Dag no. 8 (old)/17(new) & Patta
no. 1(old)/5(new), located in Village-Basistha Mandir (Basistha Non Ke), Mouza
- Beltola, District - Kamrup (M), Assam ['the subject-plot', for short]. It has
been averred that the subject-plot was purchased by him vide a registered sale
deed being Sale Deed no. 8674/3003 dated 15.03.2003 [Annexure-A to the writ
petition] from the original pattadars. After purchase, the subject-plot has been
mutated in his name in the concerned revenue records and a mutation
certificate dated 21.10.2013 [Annexure-B to the writ petition] has been issued in
his favour by the Assistant Settlement Officer, Guwahati. Since then, he has
been paying land revenue regularly. When the Forest Department restrained the
petitioner from taking possession of the subject-plot in the year 2003, the
original pattadars from whom the petitioner had purchased the subject-plot,
instituted a title suit being Title Suit no. 39/2004, which was subsequently re-
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numbered as Title Suit no. 297/2006, before the Court of learned Civil Judge I,
Kamrup (M), Guwahati. The said title suit was decreed in favour of the plaintiffs
i.e. the original pattadars of the subject-plot by a judgment and decree dated
08.01.2007 [Annexure-E to the writ petition]. Against the said judgment and
decree dated 08.01.2007, the State of Assam went on appeal before the Court
of Additional District Judge, No. II, Kamrup (M), Guwahati by way of a title
appeal, Title Appeal No. 13/2007. The said title appeal came to be dismissed by
the appellate court by a judgment dated 25.02.2016 [Annexure-F to the writ
petition]. Thereafter, the petitioner filed applications before the respondent no.
4 for demarcation of the subject-plot. The petitioner has claimed that he has
submitted applications on 22.05.2018 and 03.06.2019 [Annexure-G to the writ
petition] by annexing the copy of the sale deed, a copy of the judgment passed
in the title appeal and his earlier application dated 22.05.2018. When nothing
was done pursuant to those applications, the petitioner stated to have preferred
a complaint/objection dated 05.12.2020 before the respondent no. 3 [Annexure-
H to the writ petition]. When no action was found to have been taken either by
the respondent no. 3 or by the respondent no. 4, the petitioner has preferred
this application seeking appropriate direction.
3. It has been submitted that demarcation of land has been declared as a
notified service under Section 4 of the Assam Right to Public Services Act, 2012
['the Act', for short]. As per Section 5 of the said Act, 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. As per sub-section (1) of Section 6 of
the Act, the Designated Public Servant is obligated to provide the notified
services to the eligible person within the stipulated time limit and as per sub-
section (1) of Section 7, the stipulated time limit shall start from the date when
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the application for obtaining a required notified service is submitted to the
Designated Public Servant or to a person sub-ordinate to him authorized to
receive the application. As per sub-section (2) of Section 7, the Designated
Public Servant on receipt of an application under sub-section (1) shall, within
the stipulated time limit, provide the notified service or reject the application
and in case of rejection of application, he shall record the reasons in writing and
communicate to the person making the application inter alia the reasons for
such rejection. In the case in hand, the Circle Officer, Dispur Revenue Circle is
the designated Public Service who has to provide the notified service of
demarcation of land to a citizen, who makes an application for demarcation of
land located within Dispur Revenue Circle.
4. Mr. Goswami, learned Additional Senior Government Advocate who is
representing respondent nos. 3 and 4, shall obtain instruction as to what action
has been taken by the respondent no. 3 and respondent no. 4 in respect of the
applications submitted by the petitioner for demarcation of the subject-plot
since the receipt of the applications on the next date of listing.
5. List the case on 22.11.2021.
JUDGE
Comparing Assistant
