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.

JUDGMENT & ORDER :

MANISH CHOUDHURY, J.

Heard Mr. P.K. Gogoi, learned counsel for the petitioner; Ms. P.R. Mahanta, learned Standing Counsel, Revenue & Disaster Management Department for the respondent nos. 1 & 2; and Ms. S. Sarma, learned Junior Government Advocate, Assam for the respondent nos. 3, 4 & 5.

2. In this writ petition instituted under Article 226 of the Constitution of India, the petitioner has projected that the petitioner has come into possession of a plot of land measuring 1 Bigha 2 Kathas 10 Lessas, covered by Dag no. 325 & Annual [Eksonia] Patta no. 76, situate at Village - Borpatra Dole Kalu Gaon, Mouza – Hologuri, District - Sivasagar ['the subject-plot no. 1', for short], after executing a notarized Agreement dated 10.03.2023 with the erstwhile possessor of the subject-plot no. 1. The petitioner has stated that he came into possession of another plot of land measuring 2 Bighas 2 Kathas 10 Lessas, covered by Dag no. 325 & Annual [Eksonia] Patta no. 76, situate at the same village ['the subject-plot no. 2', for short] after execution of a notarized Agreement dated 10.03.2023 with the previous possessor of the subject-plot no. 2. The petitioner has stated that both subject-plots are adjacent to each other and are under the same Dag no. 325 & Annual [Eksonia] Patta no. 76. After coming into possession of the said two subject-plots measuring 4 Bighas in total, the petitioner continued to be in occupation of the two subject-plots.

3. When the State Government launched a scheme named ‘Mission Basundhara Scheme’ in order to streamline and resolve land related issues and for updation of land records, the petitioner submitted an application online under the scheme, ‘Basundhara 2.0’ on 29.03.2023 to avail the notified service, ‘Conversion of land from Annual Patta [A.P.] to Periodic Patta [P.P.]’. The petitioner has further stated that he submitted the application online for conversion of 3 Bighas of Annual Patta land to Periodic Patta land, out of the two subject- plots. The receipt of the said application was duly acknowledged in the Sewa Setu portal vide Application Reference no. RTPS/SAPH/2023/1509236 on 29.03.2023. While issuing acknowledgement, it was further mentioned that if the application would be accepted by the Revenue & Disaster Management Department then the notified service would be provided within 300 days. It was further mentioned that if the service was not delivered within 300 days, the petitioner could prefer an appeal. The application submitted by the petitioner to avail notified service came to be rejected on 26.10.2023.

4. When the petitioner tried to obtain the status of his application in the comprehensive citizen platform, Sewa Setu, he came to learn that the application submitted by the petitioner was rejected by the respondent no. 5 on 26.10.2023 and Sewa Setu showed the application’s processing history as under :-

5. Mr. Gogoi, learned counsel for the petitioner has submitted that the service, ‘Conversion of land from Annual Patta [A.P.] to Periodic Patta [P.P.]’ has been declared to be a notified public service under the Assam Right to Public Services Act, 2012 [‘the ARTPS Act’, for short] vide a Notification bearing no. RRG.77/2021/46 dated 14.03.2022. As per the said Notification, the Designated Public Servant [DPS] is the Circle Officer in rural areas for plots of lands like the subject-plots. As per the said Notification and the Citizen Charter annexed there