Page No.# 1/4 GAHC010187952025 2025:GAU-AS:12161 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5021/2025 NISHAN ALI AND 3 ORS SON OF LATE ABDUS SAMAD VILL- ABRARBHITA, P.O. ABRARBHITA, P.S. BAGUAN, DIST. GOALPARA, ASSAM, PIN CODE- 783129. 2: SAKER ALI SON OF LATE ABDUS SAMAD VILL- ABRARBHITA P.O. ABRARBHITA P.S. BAGUAN DIST. GOALPARA ASSAM PIN CODE- 783129. 3: BISHA SEIKH SON OF LATE ABDUS SAMAD VILL- ABRARBHITA P.O. ABRARBHITA P.S. BAGUAN DIST. GOALPARA ASSAM PIN CODE- 783129. 4: IMAN ALI SON OF LATE ABDUS SAMAD VILL- ABRARBHITA P.O. ABRARBHITA P.S. BAGUAN Page No.# 2/4 DIST. GOALPARA ASSAM PIN CODE- 783129 VERSUS THE STATE OF ASSAM AND 5 ORS. TO BE REP. BY THE COMMISSIONER AND SECRETARY, REVENUE AND D.M. DEPARTMENT, DISPUR, DISPUR, GUWAHATI-06. 2:THE DIRECTOR OF LAND RECORDS ASSAM RUPNAGAR GUWAHATI-32. 3:THE DISTRICT COMMISSIONER GOALPARA DIST. GOALPARA ASSAM PIN-783101. 4:THE ADDL. DISTRICT COMMISSIONER (REVENUE BRANCH) GOALPARA DIST. GOALPARA ASSAM PIN-783101. 5:THE ASSISTANT SETTLEMENT OFFICER BALIJANA REVENUE CIRCLE BALIJANA DIST. GOALPARA ASSAM PIN-783101. 6:THE CIRCLE OFFICER BALIJANA REVENUE CIRCLE BALIJANA DIST. GOALPARA ASSAM Page No.# 3/4 PIN- 783101 Advocate for the Petitioner : MR. A MANNAF, Advocate for the Respondent : GA, ASSAM, SC, REVENUE BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY ORDER 08.09.2025 1. Heard Mr. A. Mannaf, learned counsel for the petitioners. Also heard Ms. M. Barman, learned State Counsel representing the State respondents. 2. It is the case of the petitioners that the father of the petitioner was the recorded pattadar of a plot of land measuring 2 Kathas covered by Dag No. 964 of Miyadi Kheraj Patta No. 394 situated in the revenue village of Abrarbhita under Balijana Revenue Circle in the District of Goalpara. 3. After death of the father of the petitioners, the petitioners had submitted an application for mutation which was filed online under the provision of Assam Right to Public Services Act, 2012 and the rules framed thereunder inasmuch as the procedure of mutation is treated as Public Service. Such application of the petitioners was rejected on the ground of being wrong application. Being aggrieved, the petitioner has preferred an appeal before the District Commissioner, Goalpara who is the appellate authority. 4. The present writ petition is field with a limited prayer that the appeal preferred by the petitioners has not yet been considered. 5. In the aforesaid backdrop, this Court sought instruction from the District Commissioner cum Appellate Authority, the reason for pendency of such appeal. Page No.# 4/4 6. Ms. Barman, learned State counsel representing the District Commissioner, on instruction has submitted that the appeal has been preferred filing physically, though under the Assam Right to Public Services Act, 2012 and the rules framed thereunder, such application is required to be filed in “SEWA SETU” App and therefore, the District Commissioner, has not been able to take a decision in view such procedural defect and in view of the mandate of the aforesaid Act, 2012. 7. At this stage, the learned counsel for the petitioners submits that the petitioners may be granted some time to file an online appeal in terms of the aforesaid Act, 2012 and the rules framed thereunder inasmuch as it is the case of the petitioners that they were not aware that the appeal is mandatorily required to be filed through SEWA SETU App/ online mode. 8. In view of the aforesaid, the present writ petition stands closed with a liberty to the petitioners to file the appeal afresh in terms of the Assam Right to Public Services Act, 2012 and the rules framed thereunder against the order of rejection of mutation of the Circle Officer, Balijana Revenue Circle, dated 16.07.2025. 9. Considering the matter in entirety and the facts of the present case, it is provided that the period of delay occurred in the meantime be not insisted upon subject to the condition that the petitioners shall file such fresh appeal through online mode within a period of 15 days from today. 10. This disposes the writ petition. JUDGE Comparing Assistant