Administrative decisions must be reasoned to ensure fairness and compliance with statutory obligations, particularly under the Assam Right to Public Services Act.

JUDGMENT & ORDER :

MANISH CHOUDHURY, J.

1. The petitioners, three in nos., have joined together to institute the present writ petition under Article 226 of the Constitution of India to assail an Order dated 06.08.2024 passed by the Additional District Commissioner, Nagaon [the respondent no. 3], preceded by an Order dated 13.07.2024. By the Order dated 06.08.2024, the respondent no. 3 has rejected an application submitted by the petitioners to avail the notified public service, ‘Composite Land Sale Transfer’.

2. The events leading to the rejection order dated 06.08.2024 can be narrated, in brief, at first.

2.1. It is stated that the petitioner no. 1 and the petitioner no. 2 are the joint owners of a plot of land measuring 2 Bighas, covered by Dag no. 327 and K.P. Patta no. 1, situate at Village – Baruabali, Mouza - Jarabari [Raha], Raha Revenue Circle, District – Nagaon [‘the subject-plot’, for short].

2.2. As there arose a necessity for the petitioner no. 1 and the petitioner no. 2 to sell the subject-plot, they entered into an agreement for sale of land with the petitioner no. 3 on 29.05.2024.

2.3. The petitioner no. 1 and the petitioner no. 2 had thereafter, submitted an application before the respondent authorities to avail the notified public service, ‘Composite Land Sale Transfer’ on 29.05.2024 and the receipt of the said application was acknowledged vide Application Reference no.NOC/33/54523/2024.

2.4. The petitioners have stated that the application was submitted in the comprehensive citizen platform, Sewa Setu. The petitioners have further stated that while submitting the application all the requisite documents were also submitted along with it. To the knowledge of the petitioners, the respondent authorities had thereafter, commenced enquiry for the purpose of deciding the application for the notified public service, ‘Composite Land Sale Transfer’. While acknowledging the receipt of the application submitted for the notified public service, ‘Composite Land Sale Transfer’, it was notified that the notified public service would be provided within forty-five days and the petitioners could file an appeal if the service was not delivered within the said stipulated period.

3. When the petitioners tracked their application in the comprehensive citizen platform, Sewa Setu, the portal was showing the current status of their application on 13.07.2024 as ‘Rejected’.

3.1. The comprehensive citizen platform, Sewa Setu, showed the application processing history as under :-

4. I have heard Mr. M.H. Ahmed, learned counsel for the petitioners; Ms. G. Hazarika, learned Standing Counsel, Revenue & Disaster Management Department for the respondent no. 1; and Ms. S. Baruah, learned Junior Government Advocate, Assam for the respondent nos. 2, 3 & 4.

5. Mr. Ahmed, learned counsel for the petitioner has submitted that the service, ‘Composite Land Sale Transfer’ has been declared to be a notified public service under the Assam Right to Public Services Act, 2012 [‘the ARTPS Act’, for short] in all the districts vide a Notification bearing no. RDM-12011[17]/5/2022- LR-REV-R&DM/95 [e-file no: 234314] dated 11.11.2022. As per the said Notification, the Designated Public Servant [DPS] is the Deputy Commission [presently District Commissioner]/anyone to be nominated by the District Commissioner. As per the said Notification and the Citizen Charter annexed thereto as Annexure-I, the stipulated time limit for providing the service is forty- five working days. Referring to the Order