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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
Manish Choudhury
Habibar Rahman, S/o- Late Ayub Ali – Appellant
Versus
State of Assam Rep. By The Commissioner and Secretary to The Govt. of Assam, Revenue and Disaster Management Department – Respondent
JUDGMENT :
Manish Choudhury, J.
Heard Mr. S.C. Biswas, learned counsel for the petitioner; Mr. B. Goswami, learned Additional Advocate General, Assam assisted by Mr. J. Handique, learned Junior Government Advocate, Assam; and Mr. P. Kakoti, learned counsel for the all the respondents.
2. In this writ petition instituted under Article 226 of the Constitution of India, the petitioner has projected that he is a joint pattadar and owner of a plot of land, measuring 1 Katha, covered by Dag no. 705 & K.P. Patta no. 26, situate at Village – Dangarkuchi Gaon, Mouza – Ghilazari, Barpeta Revenue Circle, District - Barpeta [‘the subject-plot’, for short]. The petitioner has further stated that the petitioner’s son is presently pursuing his course of Master of Business Administrative [MBA] at NERIM Group of Institutions at Guwahati. In order to pay admission fees and other education expenses for the MBA course, there has arisen an urgent requirement of a substantial amount of money. The petitioner has, therefore, offered to sell the subject-plot to an intended purchaser.
2.1. The petitioner has stated that after executing an agreement for sale of the subject-plot with an intended purchaser, the pe
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.
The lack of recorded reasons in rejection orders violates principles of natural justice and statutory obligations, rendering such decisions arbitrary and void.
Public authorities must provide clear reasons for decisions; non-speaking orders violate statutory requirements.
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.
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