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2026 Supreme(Gau) 496

THE GAUHATI HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
DEVASHIS BARUAH, J.
Mahlequa Mahboobullah D/o Lt Syed Mahboobullah Alias Syed Md Mahboobullah - Appellant
Vs.
The State Of Assam And Ors. - Respondent
WP(C) No.182 of 2026, WP(C) No.422 of 2026
Decided On : 13-02-2026

Advocates:
Advocate Appeared:
For the Appellant :Mr. S. Islam, Advocate
For the Respondent:Mr. A. Bhattacharyya, Govt. Advocate Mr. N. Goswami, Advocate

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 regulations.

Headnote:(A) Assam Right to Public Services Act, 2012 - Timeliness of mutation application disposal - Petitioners requested for mutation for the same land but faced delays exceeding statutory period of 60 days for disposal per Assam Act, necessitating judicial intervention. (Paras 6, 9)

(B) Administrative Obligation - The Circle Officer is directed to expedite the mutation process as per statutory requirements, ensuring due notification of objections - The court emphasized the need for accountability in administrative processes. (Paras 8-10)

Facts of the case:
Petitioners sought mutation for 9.04 lechas of land covered by Dag No.1558, Patta No.972 due to non-disposal of their applications submitted on 26.08.2025, leading to these writ petitions.

Findings of Court:
The court mandated the Circle Officer to resolve the pending mutation applications within 60 days and address any objections in a timely manner to ensure compliance with the relevant statutory provisions.

Issues: Whether the delay in processing mutation applications by the respondents warranted judicial intervention and compliance with statutory timelines.

Ratio Decidendi: The court held that the failure to dispose of mutation applications within the mandated timeframe constitutes sufficient ground for intervention, underscoring administrative accountability to expedite these processes.

Result: Both writ petitions disposed of with directions to the Circle Officer for timely action.

Table of Content
1. overview of petitioners and land mutation requests (Para 2 , 3 , 4 , 5)
2. legal argument regarding non-disposal of mutation applications (Para 6)
3. court's observations on mutation applications and relevant statutory requirements (Para 7 , 8 , 9)
4. direction for timely disposal of mutation applications (Para 10)

JUDGMENT AND ORDER :

DEVASHIS BARUAH, J.

Heard Mr. S. Islam, the learned counsel appearing on behalf of the petitioners in both the writ petitions. Mr. A. Bhattacharyya, the learned counsel appears on behalf of the Revenue Department of the Government of Assam and Mr. N. Goswami, the learned counsel appears on behalf of the District Administration.

2. Taking into account that in both writ petitions the petitioners have sought for mutation in respect to the same plot of land admeasuring 9.04 lechas covered by Dag No.1558 of KP Patta No.972 within the Revenue Village Sawkuchi Sahar under Beltola Mouza in the district of Kamrup (Metro), Assam, both the writ petitions are taken up for disposal by this common judgment and order.

3. The petitioners in WP(C) No.182/2026 are the legal heirs of one Syed Md. Mahboobullah. The petitioner Nos.1, 2, 3 & 4 are the daughters of Syed Md. Mahboobullah. The petitioner Nos.5 & 6 are the wife and daughter of one Syed Md. Mujahidullah who was the son of Syed Md. Mahboobullah.

4. The petitioner in WP(C) No.422/2026 is the son of one Md. Shamsul Alay. The names of Syed Md. Mahboobullah and Md. Shamsul Alay were recorded as pattadars in respect to Dag No.1558 of Patta No.972 along with others in respect to an area admeasuring 9.04 lechas.

5. The petitioners in WP(C) No.182/2026 are aggrieved by the non-disposal of the mutation application filed by them. Similarly, the petitioner in WP(C) No. 422/2026 is also aggrieved by non- disposal of the mutation application filed by the petitioner. It is pertinent to mention that the petitioners in WP(C) No.182/2026 had submitted an application seeking mutation on 26.08.2025, and in that regard, an Acknowledgment Number was granted being RTPS/MUTI/2025/4000255. Similarly, the petitioner in WP(C) No.422/2026 also sought for mutation by filing an application on 26.08.2025 and was granted the Acknowledgment Number being RTPS/MUTI /2025/4000004.

6. The grievance of the petitioners in both the writ petitions as stated above is the delay in disposal of the mutation applications. It is submitted by the learned counsel appearing on behalf of the petitioners that such mutation applications ought to have been disposed of within a period of 60 days in terms with the provisions of the Assam Right to Public Services Act, 2012. The same having not been done, the present writ petitions.

7. The record reveals that pursuant to filing of the instant writ petitions, instructions have been sought for by this Court as to why the names of the petitioners in both the writ petitions were not mutated in the record of rights.

8. Today, when both the writ petitions are taken up, this Court enquired as to whether instructions have been received as to why the applications so filed by the petitioners in both the writ petitions have not been disposed of. The learned counsel submitted that he has no instructions in the matter. It is the opinion of this Court that as the mutation proceedings are pending before the respondent No.4 in both the writ petitions, i.e. the Circle Officer, Dispur Revenue Circle, it would not be proper on the part of this Court to deal as to whether the petitioners in both the writ petitions herein are entitled to the mutation of their names in respect to the land in question.

9. It is also very pertinent to take note of the provisions of Assam Right to Public Services Act, 2012 which stipulates a period of 60 days within which such mutation application is required to be disposed of.

10. Considering the above, this Court therefore disposes of both the writ petitions with the following observations and directions:-

(i) The respondent No.4, i.e. the Circle O

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