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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
Ranjit Saikia And Ors Son Of Late Bhagirath Saikia – Appellant
Versus
State Of Assam – Respondent
JUDGMENT & ORDER :
MANISH CHOUDHURY, J.
1. The petitioners, seven in nos., have joined together to institute the present writ petition under Article 226 of the Constitution of India to assail an Order dated 27.06.2024 passed by the Circle Officer, Nagaon [the respondent no. 3]. By the Order dated 27.06.2024, the respondent no. 3 has rejected the application submitted by the petitioners on 27.03.2024 online to avail the notified public service, ‘Composite Land Sale Transfer’.
2. The events leading to the rejection order dated 27.06.2024 can be narrated, in brief, at first.
2.1. The petitioners have stated that they are the owners and in possession of three plots of land measuring, [i] 9 Lessas, covered by Dag no. 265 & K.P. Patta no. 410; [ii] 11 Lessas, covered by Dag no. 263 & K.P. Patta no. 410; and [iii] 1 Katha, covered by Dag no. 266 & K.P. Patta no. 411, that is, 2 Kathas in total [‘hereinafter referred together to as ‘the subject-land’, for easy reference]. The subject-land is situated at Revenue Village – Town Haibor, Mouza – Sadar Town, District – Nagaon within the territorial jurisdiction of the Office of the Sub-Registrar Officer, Nagaon.
2.2. As there arose a necessity for t
A non-speaking order in administrative decisions violates principles of natural justice and statutory obligations, necessitating a reasoned decision.
Administrative decisions must be reasoned to ensure fairness and compliance with statutory obligations, particularly under the Assam Right to Public Services Act.
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.
The government does not have the power to entertain a review application unless there is a provision for review under the statute.
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