Page No.# 1/3 GAHC010086742025 2025:GAU-AS:7585 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2378/2025 BUDESWAR DAS @ BUDESWAR RAJBONGSHI AND ANR S/O- LATE GOPAL CH RAJBONGSHI @ DAS, VILL- KAPOHA, MOUZA- JANIA, P.S- BARPETA, DIST- BARPETA, ASSAM, PIN- 781308 2: ENTAZ ALI AHMED S/O LATE ASUR UDDIN VILL- MANDIA MOUZA- MANDIA P.S.- BAGHBAR DIST- BARPETA ASSAM PIN-78130 VERSUS THE STATE OF ASSAM AND 4 ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY, REVENUE AND DISASTER MANAGEMENT, DISPUR, ASSAM 2:THE DISTRICT COMMISSIONER BARPETA DIST- BARPETA ASSAM PIN-781301 3:THE DEPUTY REGISTRAR BARPETA DIST- BARPETA ASSAM PIN-781301 4:THE SUB-REGISTRAR MANDIA DIST- BARPETA Page No.# 2/3 ASSAM PIN-781308 5:THE CIRCLE OFFICER BAGHBAR REVENUE CIRCLE DIST- BARPETA ASSAM PIN-78130 Advocate for the Petitioner : MR H R A CHOUDHURY, P. GHOSH,B DAS,MR. A M AHMED Advocate for the Respondent : SC, REVENUE, GA, ASSAM BEFORE THE HON’BLE MR JUSTICE ARUN DEV CHOUDHURY O R D E R 11.06.2025 1. Heard Mr. AM Ahmed, learned counsel for the petitioners. 2. It is the case of the petitioner that the petitioner No. 1 along with his elder brother are the owner of a plot of agricultural land measuring 3 Bighas 1 Katha 2 Lechas under Kheraj Myadi Patta No. 417 and Dag No. 690 situated at village Kapoha, Mouza-Jania under Barpeta Police Station. According to the petitioner, he and his brother, due to urgent need of money executed an agreement of sale on 08.02.2024 with the petitioner No. 2 along with two others and accordingly they prayed for no objection certificate for transfer of land as required under law. Such application was filed on 01.10.2024 under Acknowledgement No. NOC/ 05/ 64097/ 2024, however, till date even after expiry of 30 days as mandated under the Right to Public Service Act, 2012, no decision has been taken. 3. On instruction, Mr. SS Roy, learned State counsel submits that there are certain defects in the applications. Page No.# 3/3 4. Be that as it may, the respondent authorities are under bounden duty either to provide the public service within the stipulated period as prescribed by law i.e. the Right to Public Service Act, 2012 or they can reject such service with reason but cannot keep it pending beyond the time prescribed under the Act, 2012 and the rules framed thereunder. 5. In view of the aforesaid, this writ petition is disposed of directing the respondent authorities, more particularly, the designated public servant, who is authorized to pass such an order i.e. Additional Deputy Commissioner, Barpeta to decide the application of the petitioner under Acknowledgement No. NOC/ 05/ 64097/ 2024 within a period of 10 days from the date of receipt of certified copy of this order passed today and provide the reasoned order to the petitioner thereafter. The petitioner shall be at liberty to approach appropriate appellate forum, if he is aggrieved by such order. 6. With the aforesaid, the present writ petition stands disposed of. JUDGE Comparing Assistant