Back
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
Simanta Mudoi And Ors S/O Kusumbar Mudoi – Appellant
Versus
State Of Assam – Respondent
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 b
Administrative decisions must be reasoned to ensure fairness and compliance with statutory obligations, particularly under the Assam Right to Public Services Act.
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.
The rejection of an application for public service must be a speaking order, and failure to provide reasons violates principles of natural justice, rendering the order arbitrary.
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.
Public authorities are required to provide explicit reasons for rejection of applications to ensure transparency and allow rectification of deficiencies.
Public authorities must provide clear reasons for decision-making to uphold statutory compliance and transparency in administrative actions.
Public authorities must provide clear reasons for decisions; non-speaking orders violate statutory requirements.
Public servants are mandated to deliver notified services within statutory time limits, and failure to do so can result in penalties under the Assam Right to Public Service Act, 2012.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
