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THE HIGH COURT OF GAUHATI (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
MANISH CHOUDHURY
Khanindra Nath S/o Late Jogendra Nath – Appellant
Versus
State of Assam – Respondent
ORDER :
(MANISH CHOUDHURY, J.)
Heard Mr. M.U. Mondal, learned counsel for the petitioner; Ms. P.R. Mahanta, learned Standing Counsel, Revenue & Disaster Management Department for the respondent no. 1; and Mr. S. Baruah, learned Junior Government Advocate, Assam for the respondent nos. 2, 3 & 4.
2. In view of the limited nature of issue involved and as the learned counsel for the respondents have received the necessary instructions, this writ petition is taken up for consideration at the motion stage itself, as agreed to by the learned counsel for all the parties.
3. The case projected by the petitioner in this writ petition, in brief, is that he is the owner of a plot of land measuring 1 Bigha 2 Kathas 5 Lessas, covered by Dag no. 3 & Khiraj Patta no. 55, Class – Salitoli, situate at Village – Kurshakati, Mouza – Chapar, Chapar Revenue Circle, District – Dhubri [‘the subject-plot’, for short]. As the owner of the subject-plot, the petitioner had entered into a notarised agreement for sale of the subject-plot with a proposed purchaser viz. Saifur Rahman on 24.06.2024. The petitioner has submitted that in order to sell the subject-plot, the petitioner
Public authorities must provide clear reasons for decisions; non-speaking orders violate statutory requirements.
Public authorities must provide clear reasons for decision-making to uphold statutory compliance and transparency in administrative actions.
Public authorities are required to provide explicit reasons for rejection of applications to ensure transparency and allow rectification of deficiencies.
Public authorities must provide timely services and reasons for delays or rejections under the Assam Right to Public Services Act, ensuring citizens' rights are upheld.
Pendency of a suit does not bar land transfer; rejection of NOC based on erroneous claims violates constitutional ownership rights.
A non-speaking order in administrative decisions violates principles of natural justice and statutory obligations, necessitating a reasoned decision.
The lack of recorded reasons in rejection orders violates principles of natural justice and statutory obligations, rendering such decisions arbitrary and void.
Administrative decisions must be reasoned to ensure fairness and compliance with statutory obligations, particularly under the Assam Right to Public Services Act.
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