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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Arun Dev Choudhury
Bhok Sing Pator Alias Bhog Sing Lalung And Anr. S/o Late Dhani Ram Pator @ Adur Lalung – Appellant
Versus
State Of Assam – Respondent
JUDGMENT AND ORDER :
ARUN DEV CHOUDHURY, J.
1. Heard Mr. I Haque, learned counsel for the petitioners. Also heard Mr. PN Goswami, learned Additional Advocate General of Assam and Mr. S Dutta, learned counsel for the respondent No. 2.
2. The present writ petition is filed under Article 226 of the Constitution of India challenging the action of the respondent authorities in not considering the petitioner’s application under Acknowledgement No. NOC/24/37159/2022 dated 17.12.2022 for issuance of NOC for transfer of immovable property, causing inordinate delay.
3. The petitioner No. 1 is the father of the petitioner No. 2, who is an absolute sole owner of two plots of land under Dag No. 64 of Patta No. 57 and Dag No. 69 of Patta No. 58 respectively situated at village Bherakuchi under Mouza Dimoria, PS Khetri in the district of Kamrup (M), Assam. It is the case of the petitioners that the petitioner No. 1 is intending to transfer a plot of land measuring 9 Bighas 2 Kathas 17.90 Lechas to the petitioner No. 2 by way of executing a gift deed and as such the application for NOC to the Deputy Commissioner, Kamrup (M) through online mode (acknowledgement No. NOC/24/37159/2022) was filed inasmuch
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 lack of recorded reasons in rejection orders violates principles of natural justice and statutory obligations, rendering such decisions arbitrary and void.
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 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.
The court underscored the necessity of adhering to statutory timelines for mutation applications, directing prompt action within a stipulated period to ensure compliance with public service regulatio....
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