Gauhati High Court

WP(C)/1441/2019 of RAKESH LASKAR Vs THE STATE OF ASSAM AND 5 ORS. on 16 August 2026

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GAHC010044592019 2026:GAU-AS:11726 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1441/2019 RAKESH LASKAR S/O LATE RAMESH CHANDRA LASKAR, R/O VILLAGE -GUMRAH BAZAR, P.O GUMRAH BAZAR, DIST- CACHAR, ASSAM -788001 VERSUS THE STATE OF ASSAM AND

GAHC010044592019

2026:GAU-AS:11726

THE GAUHATI HIGH COURT

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

Case No. : WP(C)/1441/2019

RAKESH LASKAR

S/O LATE RAMESH CHANDRA LASKAR,

R/O VILLAGE -GUMRAH BAZAR, P.O GUMRAH BAZAR, DIST- CACHAR, ASSAM -788001

VERSUS

THE STATE OF ASSAM AND 5 ORS.

COMMISSIONER AND SECRETARY, DEPARTMENT OF REVENUE, DISPUR, GUWAHATI- 781006

2:THE DEPUTY COMMISSIONER

CACHAR

SILCHAR

ASSAM

PIN- 788001

3:THE CIRCLE OFFICER

KATIGARAH

CACHAR

ASSAM

PIN- 788001

4:THE SETTLEMENT OFFICER

CACHAR AND HAILAKANDI

ASSAM

PIN- 788001

5:THE ZILLA PARISHAD

GUMRAH

SILCHAR

CACHAR

ASSAM

PIN-788001

6:THE GUMRAH GAON PANCHAYAT

REP. BY ITS SECRETARY

GUMRAH

CACHAR

ASSAM

PIN- 78800

For the Petitioner(s) : Mr. U. Saikia, Advocate For the Respondent(s) : Mr. J. Handique, Jr. Govt. Advocate BEFORE

HONOURABLE MR. JUSTICE DEVASHIS BARUAH

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ORDER

Date : 17.08.2026

The present writ petition has been filed by the petitioner on account of the inaction on the part of the District Commissioner, Cachar, Silchar in taking steps for demarcation of the inherited land of the petitioner.

2. It is seen that the application for demarcation was filed on 11.06.2018. On account of no steps being taken by the District Commissioner, Cachar, Silchar, the petitioner has been compelled to approach this Court.

3. The record further reveals that notice was issued on 06.03.2019. Till date, no instructions have been placed before this Court by the learned Government Advocate. In fact, when the matter was listed before this Court on 03.08.2026, this Court sought instructions from the District Commissioner, Cachar, Silchar, as to the fate of the application submitted by the petitioner on 11.06.2018.

4. A lame excuse has been provided to this Court by Mr. J. Handique, the learned Junior Government Advocate to the effect that the records have been sent to the Director of Land Records. The explanation is totally lame inasmuch as the application for demarcation could not have been kept pending merely on account of the digitization process.

5. It, therefore, appears that there is apparent inaction on the part of the respondent authorities, more particularly, the respondent Nos. 2 and 3 in carrying out the demarcation as sought for by the petitioner.

6. Accordingly, this Court disposes of the instant writ petition with the following observations and directions:

(i) The petitioner is granted liberty to submit an application seeking demarcation of his land within 15 days from today before the District Commissioner, Cachar, Silchar.

(ii) The District Commissioner, Cachar, Silchar upon receipt of the said application shall direct the respondent No. 3, i.e., the Circle Officer, Katigarah Revenue Circle, Cachar to carry out the demarcation.

(iii) The respondent No. 3 upon carrying out the demarcation shall provide the petitioner with the minutes of the demarcation proceedings.

(iv) This Court further directs that while carrying out the demarcation, the respondent No. 3 shall not disturb the possession of any person who is presently in possession of the land in question.

(v) The said exercise shall be completed within a period of 60 days from the date of submission of the application by the petitioner before the respondent No. 2, i.e., the District Commissioner, Cachar, Silchar.

(vi) An affidavit of compliance shall be filed by the District Commissioner, Cachar, Silchar on or before 07.12.2026.

(vii) It is observed and directed that in the circumstance, the affidavit of compliance is not filed by the District Commissioner, Cachar, Silchar, the writ petition be listed again before this Court for appropriate directions.

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