Budeswar Das @ Budeswar Rajbongshi and Anr. Vs the State of Assam and 4 Ors. — Gauhati HC (2025) — LawSathi Research

Budeswar Das @ Budeswar Rajbongshi and Anr. Vs the State of Assam and 4 Ors. — Gauhati HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of by directing the Additional Deputy Commissioner, Barpeta (designated public servant) to decide the petitioners' application under Acknowledgement No. NOC/05/64097/2024 within 10 days of receipt of the certified copy of the order and to provide a reasoned order thereafter; petitioner at liberty to approach the appropriate appellate forum if aggrieved.

Issue for consideration

Whether the respondent authorities could keep the petitioners' application dated 01.10.2024 (Acknowledgement No. NOC/05/64097/2024) for a no objection certificate pending beyond the period prescribed under the Right to Public Service Act, 2012, and whether a direction should issue for its decision within the statutorily stipulated time.

Court's answer

The respondent authorities are under a bounden duty either to provide the public service within the stipulated period prescribed by law, i.e. the Right to Public Service Act, 2012, or to reject such service with reason.

Ratio / Principle

The respondent authorities cannot keep the requested public service pending beyond the time prescribed under the Right to Public Service Act, 2012 and the rules framed thereunder.

Key takeaways

The writ petition was disposed of with a direction to the respondent authorities, more particularly the designated public servant authorised to pass such an order, i.e. the Additional Deputy Commissioner, Barpeta, to decide the petitioners' application under Acknowledgement No. NOC/05/64097/2024.ratio¶26
The Additional Deputy Commissioner, Barpeta was directed to decide the said application within 10 days from the date of receipt of the certified copy of the order and to provide the reasoned order to the petitioner thereafter.ratio¶26

Detailed headnote1 paragraphs

Gauhati High Court, WP(C)/2378/2025, decided 11.06.2025 by Arun Dev Choudhury, J. — Petitioners, having executed a sale agreement dated 08.02.2024 over 3 Bighas 1 Katha 2 Lechas (Kheraj Myadi Patta No. 417, Dag No. 690, village Kapoha, Mouza-Jania, Barpeta), had applied on 01.10.2024 (Ack. No. NOC/05/64097/2024) for a no objection certificate for transfer of land; no decision issued beyond the 30-day period mandated by the Right to Public Service Act, 2012. The Court held that the respondent authorities are duty-bound under that Act either to provide the requested public service within the stipulated period or to reject it with reasons, and cannot keep it pending beyond the prescribed time or the rules framed thereunder. The writ petition was disposed of by directing the Additional Deputy Commissioner, Barpeta, the designated public servant, to decide the application within 10 days of receipt of the certified copy of the order and to give a reasoned order thereafter, leaving the petitioner free to resort to the appropriate appellate forum if aggrieved.

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GAHC010086742025

2025:GAU-AS:7585

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

Case No. : WP(C)/2378/2025

BUDESWAR DAS @ BUDESWAR RAJBONGSHI AND ANR S/O- LATE GOPAL CH RAJBONGSHI @ DAS, VILL- KAPOHA, MOUZAJANIA, P.S- BARPETA, DIST- BARPETA, ASSAM, PIN- 781308

2: ENTAZ ALI AHMED S/O LATE ASUR UDDIN VILL- MANDIA MOUZA- MANDIA P.S.- BAGHBAR DIST- BARPETA ASSAM PIN-78130

VERSUS

THE STATE OF ASSAM AND 4 ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY, REVENUE AND DISASTER MANAGEMENT, DISPUR, ASSAM

2:THE DISTRICT COMMISSIONER BARPETA DIST- BARPETA ASSAM PIN-781301

3:THE DEPUTY REGISTRAR BARPETA DIST- BARPETA ASSAM PIN-781301

4:THE SUB-REGISTRAR MANDIA DIST- BARPETA

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ASSAM PIN-781308

5:THE CIRCLE OFFICER BAGHBAR REVENUE CIRCLE DIST- BARPETA ASSAM PIN-78130

Advocate for the Petitioner : MR H R A CHOUDHURY, P. GHOSH,B DAS,MR. A M AHMED

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

BEFORE

THE HON’BLE MR JUSTICE ARUN DEV CHOUDHURY O R D E R

11.06.2025

Heard Mr. AM Ahmed, learned counsel for the petitioners.

It is the case of the petitioner that the petitioner No. 1 along with his elder brother are the owner of a plot of agricultural land measuring 3 Bighas 1 Katha 2 Lechas under Kheraj Myadi Patta No. 417 and Dag No. 690 situated at village Kapoha, Mouza-Jania under Barpeta Police Station. According to the petitioner, he and his brother, due to urgent need of money executed an agreement of sale on 08.02.2024 with the petitioner No. 2 along with two others and accordingly they prayed for no objection certificate for transfer of land as required under law. Such application was filed on 01.10.2024 under Acknowledgement No. NOC/ 05/ 64097/ 2024, however, till date even after expiry of 30 days as mandated under the Right to Public Service Act, 2012, no decision has been taken.

On instruction, Mr. SS Roy, learned State counsel submits that there are certain defects in the applications.

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Be that as it may, the respondent authorities are under bounden duty either to provide the public service within the stipulated period as prescribed by law i.e. the Right to Public Service Act, 2012 or they can reject such service with reason but cannot keep it pending beyond the time prescribed under the Act, 2012 and the rules framed thereunder.

In view of the aforesaid, this writ petition is disposed of directing the respondent authorities, more particularly, the designated public servant, who is authorized to pass such an order i.e. Additional Deputy Commissioner, Barpeta to decide the application of the petitioner under Acknowledgement No. NOC/ 05/ 64097/ 2024 within a period of 10 days from the date of receipt of certified copy of this order passed today and provide the reasoned order to the petitioner thereafter. The petitioner shall be at liberty to approach appropriate appellate forum, if he is aggrieved by such order.

With the aforesaid, the present writ petition stands disposed of.

JUDGE

Comparing Assistant