Disposed

Sanjib Choudhury v. the State of Assam and 4 Ors.

Gauhati HC14 Jul 2024WP(C)/884/2024

Case brief

AI extract

What is this about?

Petitioner sought partition of agricultural land under Mission Basundhara. After failing to get results from the first and second appeals, the Court disposed of the writ petition, directing the Right to Public Service Commission to pass a speaking order within sixty days addressing the petitioner's claims.

What did the court decide?

Directed Competent Authority to dispose of second appeal within 60 days by passing a speaking order redressing petitioner's claims.

Sanjib Choudhury Vs the State of Assam and 4 Ors. — Service and Employment | Gauhati HC (2024)

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GAHC010026592024

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

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Case No. : WP(C)/884/2024

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SANJIB CHOUDHURY

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S/O- LATE NARENDRA CHOUDHURY, R/O- VILL.- SANTIPUR WEST, BHUTNATH ROAD, H/NO. 32, P.O. AND P.S. BHARALUMUKH, GHY-781009.

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VERSUS

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THE STATE OF ASSAM AND 4 ORS

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REP. BY THE SPECIAL CHIEF SECRETARY, IT DEPARTMENT, BLOCK C, 3RD FLOOR, ASSAM SECRETARIAT (CIVIL), DISPUR, GHY-781006.

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2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM REVENUE AND DISASTER MANAGEMENT DEPTT. DISPUR GHY-6.

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3:THE ASSAM ADMINISTRATIVE TRIBUNAL

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REP. BY ITS CHAIRMAN ASLO ACTING AS RTPS COMMISSION OPPOSITE MEGHDOOT BHAWAN MG ROAD PANBAZAR GHY-781001.

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4:THE DISTRICT COMMISSIONER KAMRUP(M)

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LICHUBAGAN HENGRABARI GUWAHATI ASSAM-781006.

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5:THE CIRCLE OFFICER

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AZARA CIRCLE KAMRUP(M) ASSAM PIN- 781017

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Advocate for the Petitioner : MR. S K DAS

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Advocate for the Respondent : GA, ASSAM

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BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

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ORDER

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Date : 15.07.2024

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Heard Mr. S.K. Das, learned counsel for the petitioner. Also heard Mr. J. Handique, learned Standing Counsel, Revenue Department.

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2. The petitioner has projected that he had purchased a plot of land measuring 10 (ten) Lecha from one Bidyut Kumar Barman in Dag No. 1009 of KP Patta No. 496 of Revenue Village Garal under Mauza Ramcharani trough registered Sale Deed vide No. 11371 dated 24.09.2015 and he is in possession and paying the land revenue.

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3. Under the Assam Right to Public Service Act, 2012, the Government has launched a scheme called Mission Basundhara. Accordingly, the petitioner had applied for partition of the said 10L land in the Seva Setu portal in digital mode vide ID no. RTPS/MUTD/2023/843606 dated 16.02.2023. However, he did not get any result. Accordingly, as the designated public servant had not provided him with the service, the petitioner filed a first appeal before the District Commissioner, Kamrup (M), Guwahati through Seva Setu on 30.10.2023 vide ID no. FBB9214. Nothing happened within statutory 60 days’ period. Accordingly, the petitioner preferred a second appeal vide ID no. 0D1D970 on 01.01.2024

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before the Right to Public Service Commission, Assam. His second appeal was also not disposed of.

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4. Under such circumstances, this Court is of the view that this writ petition can be disposed of at this stage without issuing Notice by directing the Competent Authority to dispose of second Appeal vide I.D. No. 0D1D970, which was filed on 01.01.2024. The Competent Authority, namely, the second Appellate Authority will dispose of the Appeal stated to have been filed by the writ petitioner by passing a speaking order. While disposing of the said appeal the Competent Authority will ensure that the claims of the writ petitioner are redressed keeping in view the provisions of the Mission Basundhara Scheme framed under the Assam Right to Public Service Act, 2012.

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5. This exercise shall be completed within a period of 60 (sixty) days from the date of receipt of a certified copy of this order.

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6. This writ petition, is accordingly, stands disposed of.

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JUDGE

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Comparing Assistant

Sanjib Choudhury v. the State of Assam and 4 Ors.

Case brief

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Sanjib Choudhury v. the State of Assam and 4 Ors.

Case brief

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