Petitioner challenged delay in land mutation registration via writ petition. Court held that the Assam Right to Public Services Act, 2012 provides an efficacious alternative remedy and dismissed the writ petition.
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GAHC010040982023
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1252/2023
DIPAK KUMAR SAHA
S/O- LT. SAILESH CH. SAHA, R/O- TRIVENI PATH, H/NO. 34, LOSKAR NAGAR, GUWAHATI- 18, P.S. FATASIL AMBARI, DIST.- KAMRUP (M), ASSAM
VERSUS
THE STATE OF ASSAM AND 3 ORS
REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM REVENUE AND DISASTER MANAGEMENT DEPTT., DISPUR, GHY-6, K (M), ASSAM
2:THE DY. COMMISSIONER GHY-01 K (M) ASSAM
3:THE SETTLEMENT OFFICER GUWAHATI-1 KAMRUP (M) ASSAM
4:THE ASSISTANT SETTLEMENT OFFICER BELTOLA DISPUR REVENUE CIRCLE GHY-06 K (M) ASSA
Advocate for the Petitioner : MR. R C DAS
Advocate for the Respondent : GA, ASSAM
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BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
Date : 10-03-2023
Heard Mr. R.C. Das, learned counsel for the petitioner; Mr. P.R. Mahanta, learned Standing Counsel, Revenue Department for the respondent no. 1; and Ms. S. Sharma, learned Junior Government Advocate, Assam for the respondent nos. 2, 3 & 4.
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been enacted by the Assam Legislative Assembly in order to provide for delivery of notified public services to the people of the State of Assam within the stipulated time limit and for matters connected therewith and incidental thereto. As per Section 2[h], ‘Right to Public Service’ means right to obtain the notified service under the Act from time to time within the stipulated time limit as described under Section 5 and as per Section 2[i], ‘notified service’ means any service notified by the State Government under Section 4. Section 5 of the Act has laid down that 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. It is liability of the Government Servant to deliver services, under Section 6 of the Act, within the stipulated period. The stipulated time limit, as per Section 7[1], starts from the date when the application for obtaining a required notified service is submitted to the Designated Public Servant or to a person subordinate to him authorized to receive the application. Such application shall be duly acknowledged. As per Section 7[2], 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,- [i] the reasons for such rejection; [ii] the period within which an appeal against such rejection may be preferred; and [iii] the particulars of the Appellate Authority. Section 8 of the Act has provided for an appeal before the Appellate Authority and also for a review before the Reviewing Authority.
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services, which includes the Registration [Mutation] as a notified service, etc. as under :-
| Serial No. | 25 |
|---|---|
| Notifiedpublic service | Office mutation [Registration] If no objection is filed. |
| Stipulated time limit for providing the service [Days] |
60 days, if no objection from any person is filed during the proceeding. |
| Designation of Designated Public Servant |
Circle Officer/ Circle Officer [Attached] |
| Designation of Appellate Authority | Deputy Commissioner or Additional Deputy Commissioner nominated byDeputyCommissioner [wherever applicable] |
| Time limit for disposal by Appellate Authority[Days] |
30 days |
| Designation of ReviewingAuthority | Commissioner of Divisions |
| Time limit for disposal by Reviewing Authority[Days] |
30 days |
| Documents to be enclosed with the application |
A. In case Mutation [Registration] is sought on the basis of transfer of land by way of purchase, gift, Mortgage or inheritance along with the specified form with required court fee:- 1. Photocopy the Original Registered Deed/ certified copy of the deed of transfer. 2. Photocopy of up to date land revenue receipt/land revenue clearance receipt of the land for which the Mutation [Registration] is sought. 3. A declaration stating that the Applicant does not possess land in excess of the limit laid down under the Assam Fixation of Ceiling on Land Holding Act, 1956. B. If mutation [Registration] is sought by way of inheritance. 1. Proof of death of the deceased Pattadar in whose place Mutation [Registration] is sought. 2. An affidavit [a] Swearing that the Applicant/applicants is/are the son/daughter/wife/legal heirs of the deceased pattadar. [b] Swearing that the Applicant/Applicants have not transferred the property to any one earlier nor mortgaged/nor created any charge over the property to be mutated. [c] Swearing that the person to whom the Applicants applied as successor had not transferred the property during his/her life time. 3. Copy of NOC obtained from D.C. in case of transfer of land. [Not applicable in case of prayer of mutation by inheritance]. |
| User charge, if any[in Rupees] | Rs. 200/- in urban areas and Rs. 50/- in rural areas. [nil in |
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| case of mutation sought by way of inheritance in rural areas.] |
|
|---|---|
| Eligibilitycriteria to obtain service | Prior to land holder succeeding to any estate whether by transfer or inheritance and obtaining possession of the same, and every joint proprietor or joint land holder assuming charge of a estate or every person assuming charge of any estate of a proprietor or land holder or of any share herein as manager and every mortgagee obtaining possession of any estate of a proprietor or land holder or of any share therein shall within six months from the date of his taking possession or assumption of charge apply to the Deputy Commissioner of the district on the General Registers of which the estate is borne for registration of his name as such land-holder, proprietor, manager or mortgagee and of the nature and extend of the interest in respect of which the application is made. |
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and the ARTPS Rules to pursue the notified service, ‘Mutation [Registration]’ in accordance with the procedure laid down therein, the petitioner is at liberty to pursue the said alternative statutory remedy.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the High Court can entertain a writ petition challenging delay in mutation proceedings when an alternative statutory remedy under the Assam Right to Public Services Act, 2012 is available.
2 provisions across 2 enactments
Dipak Kumar Saha
The State of Assam
Manish Choudhury
As recorded by the court registry
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