Page No.# 1/3 GAHC010098702025 2025:GAU-AS:6379 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2577/2025 SRI HEMANTA RAJ CHETIA AND ANR S/O LATE BISWANATH CHETIA, SRIMANTA-NAGAR, NA ALI, P.O. AND P.S. -JOYSAGAR, DISTRICT-SIVASAGAR, ASSAM-785640. 2: SMT HEMAKSHI CHETIA BORAH D/O LATE BISWANATH CHETIA AND W/O LATE J. BORAH RESIDENT OF SRIMANTA-NAGAR NA ALI P.O. AND P.S. -JOYSAGAR DISTRICT-SIVASAGAR ASSAM-785640 -AND- ALSO AT SURAJNAGAR SATGAON P.O. SATGAON P.S. NARENGI DISTRICTKAMRUP(M) ASSAM-78102 VERSUS STATE OF ASSAM AND ORS TO BE REPRESENTED BY THE COMMISSIONERSECRETARY, REVENUE AND DISASTER MANAGEMENT DEPARTMENT, GOVT. OF ASSAM, DISPUR, GUWAHATI-6. 2:THE DISTRICT COMMISSIONER SIVASAGAR DISTRICT- SIVASAGAR. 3:THE CIRCLE OFFICER SIVASAGAR REVENUE CIRCLE SIVASAGAR 4:SMT SMRITI REKHA CHETIA Page No.# 2/3 W/O-LATE HEMANG RAJ CHETIA SRIMANTA-NAGAR NA ALI P.O. AND P.S.-JOYSAGAR DISTRICT-SIVASAGAR ASSAM-785640. 5:SRI GAURANG RAJ CHETIA S/O LATE HEMANG RAJ CHETIA SRIMANTA-NAGAR NA ALI P.O. AND P.S. - JOYSAGAR DISTRICT-SIVASAGAR ASSAM-785640 Advocate for the Petitioner : MR. B CHAKRAVARTY, MR. S UPADHAYA,M SHARMA Advocate for the Respondent : SC, REVENUE AND DISASTER MANAGEMENT DEPT, GA, ASSAM BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY ORDER 21.05.2025 1. Heard Mr. B. Chakraborty, learned counsel for the petitioners. 2. The grievance of the petitioners is that they filed an application for partition in terms of the Assam Right to Public Services Act, 2012, however, ignoring the mandate of the said Act, the authorities are sitting over their application. 3. In view of the aforesaid and the limited prayer, this Court under its order dated 16.05.2025, asked Mr. N. Goswami, learned State counsel to obtain instruction as regards the status of the aforesaid application filed by the petitioners. 4. On instruction, Mr. Goswami, learned State counsel submits that as there are certain objections, it is not proceeded. 5. In the considered opinion of this Court, filing of objection by some parties, Page No.# 3/3 cannot be a ground to keep an application pending inasmuch as the Designated Public Servant under the Assam Right to Public Services Act, 2012, is under bounded duty to take a decision whether in favour of the petitioner or against him inasmuch as if anybody aggrieved by such order, there is provision of appeal under the aforesaid Act, 2012. 6. That being the position, this writ petition stands disposed of directing the Designated Public Servant to decide the application filed by the petitioners within the stipulated period under the Assam Right to Public Services Act, 2012 from the date of receipt of the certified copy of this order to be furnished by the petitioners before the Designated Public Servant in question. It is needless to say that the objector may also be heard in the process. 7. This disposes the writ petition. JUDGE Comparing Assistant