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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
MANISH CHOUDHURY
Pradip Kumar Dutta D/o Late Debananda Dutta – Appellant
Versus
State Of Assam – Respondent
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 s
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.
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.
Conversion of Annual Patta to Periodic Patta is permissible under law and government policy, especially concerning succession and not transfer.
The settlement granted to the petitioner association could not be cancelled unless found to have been contrary to the Assam Land and Revenue Regulations, 1886.
The Court established that cancellation of an annual patta must adhere to principles of natural justice and due process as mandated by the Assam Land and Revenue Regulations.
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.
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