GAHC010252612024 2025:GAU-AS:15487

THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/6364/2024

CHABI SAHA

W/O- KRISHNA BANDHU SAHA,

R/O- HOUSE NO. 11, CHATRIBARI BILPAR,

POST OFFICE LANE, GUWAHATI-8,

DISTRICT- KAMRUP(M), ASSAM.

VERSUS

THE STATE OF ASSAM AND 2 ORS

TO BE REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF

ASSAM,

REVENUE AND DISASTER MANAGEMENT,

DISPUR, GUWAHATI-6.

2:THE DISTRICT COMMISSIONER

KAMRUP(M)

HENGRABARI

GUWAHATI- 36.

3:THE SR. SUB-REGISTRAR

KAMRUP(M)

HENGRABARI GUWAHATI- 36

Advocate for the Petitioner : MR. P K ROYCHOUDHURY, MR M HUSSAIN,MR. A K

AZAD,MR. N HAQUE

Advocate for the Respondent : SC, REVENUE, GA, ASSAM

BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY

ORDER

Date : 17-11-2025 Heard Mr. P.K. Roychoudhury, learned counsel for the petitioner; Ms. G.

Hazarika, learned Standing Counsel, Revenue & Disaster Management Department for the respondent no. 1; and Mr. H. Sarma, learned Additional Senior Government Advocate, Assam for the respondent nos. 2 & 3.

2. The case of the petitioner, in brief, is that he purchased a plot of land measuring 15 Lessas, covered by Dag no. 1185 & Periodic Patta no. 824, situate at Mouza – Ulubari Sahar Part-II [‘the subject-plot’, for short], from its erstwhile landowner, Sudhamoni Ghosh by executing a registered Sale Deed no. 2289 dated 22.04.1986. After execution of the registered Sale Deed in respect of the subject-plot, the petitioner filed an application for mutation and the said application was registered and numbered as Mutation Case no. 509/89-90 and the Circle Officer, Guwahati Revenue Circle by an Order dated 20.09.1991, allowed the application of the petitioner for mutation of the petitioner’s name in respect of the subject-plot as a co-pattadar. Accordingly, on 21.02.1991, the name of the petitioner got reflected in the Jamabandi [Record of Rights].

3. It is the further case of the petitioner that on 08.11.2024, the petitioner submitted an application before the respondent no. 2 for a certified copy of the registered Sale Deed no. 2289 dated 22.04.1986. Subsequently on 11.11.2024, the petitioner submitted an application online for a certified copy of the registered Sale Deed no. 2289. The application of the petitioner for a certified copy of the registered Sale Deed, which is a notified public service under the Assam Right to Public Services Act, 2012, as amended, was acknowledged by Acknowledgment no. RTPS-CRCPY/2024/3474921. While acknowledging, the designated public servant had observed that the notified public service would be provided within 10 working days or else, the petitioner can avail the remedy of appeal. When the certified copy of the registered Sale Deed no. 2289 was not made available within the stipulated period of time, the petitioner has approached this Court by the instant writ petition.

4. Mr. Sarma, learned Additional Senior Government Advocate, Assam, on the basis of instructions received from the Senior Sub-Registrar, Kamrup [M] [respondent no. 3] vide Office Letter no. SRO/319/2024-SREG-KMM/1567 dated 23.12.2024, has submitted that the application which was submitted by the petitioner on 11.11.2024 was duly checked and a payment request was sent to the applicant to pay a requisite fee for completion of the process. Mr. Sarma has submitted that after payment of the requisite fee by the petitioner, the certified copy of the registered sale deed can be delivered.

5. From the instructions placed by the Senior Sub-Registrar, Kamrup [M] [respondent no. 3] by Office Letter no. SRO/319/2024-SREG-KMM/1567 dated 23.12.2024 addressed to the State Counsel, it is noticed that the online application which was submitted by the petitioner on 11.11.2024, was duly checked and processed. As per the instruction, a payment request has already been made to the petitioner to pay the requisite fee for completion of the process. It is further mentioned that after payment of the requisite fee by the applicant, the certified copy of the regist