Page No.# 1/4 GAHC010050912025 2025:GAU-AS:14944 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1461/2025 ADIL MOHAMMAD S/O- LATE CHAND MOHAMMAD, R/O-HATIGAON BISHNU JYOTI PATH , BYE LANE NO-3, H.NO-12, P.O AND P.S- HATIGAON, KAMRUP(M) ASSAM. VERSUS THE STATE OF ASSAM AND OTHERS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, REVENUE AND DISASTER MANAGEMENT DEPARTMENT, DISPUR, GUWAHATI-06 2:THE DISTRICT COMMISSIONER JORHAT ASSAM PIN-785001 3:THE ADDL. COMMISSIONER (REVENUE) DIST- JORHAT ASSAM PIN-785001 4:THE CIRCLE OFFICER TEOK REVENUE CIRCLE DIST-JORHAT ASSAM PIN-785112 Page No.# 2/4 5:ANJANA TAI HAZARIKA W/O- LATEDURLAB HAZARIKA R/O- VILLAGE MUDOIJAN (JOHAKHAT) SANKAR AZAN PATH MOUZA- GAKHIRKHOWA DIST-JORHAT ASSAM PIN-78511 Advocate for the Petitioner : MR A K AZAD, P ADHIKARI,G UDDIN Advocate for the Respondent : SC. REVENUE, GA, ASSAM BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY ORDER Date : 06.11.2025 1. Heard Mr. G Uddin, learned counsel for the petitioner. Also heard Ms. G Hazarika, learned standing counsel, Revenue & Disaster Management Department for the respondent No.1 and Mr. J Handique, learned counsel for respondent Nos.2 to 4. 2. The rejection of the petitioner’s application for the notified public service, ‘Composite Land Sale Transfer’ is assailed on the ground that the Order dated 15.07.2024 by which the application has been rejected is a non-speaking one, whereas, the designated public servant if rejects an application seeking notified public service, is obligated under Section 7 of the Assam Right to Public Services Act, 2012, as amended, to record the reasons in writing and communicate to the persons making the application : (i) the reasons for such rejection, (ii) the period within which an appeal against such rejection may be preferred, and (iii) the particulars of the appellate authority. Page No.# 3/4 3. The contents of the impugned rejection order dated 15.07.2024 is quoted herein below for completeness: Date & time Task details Remarks 2024-07-15 00:00:00 Reject ADC The application is rejected by ADC (rejected as per recommendation of CO as there is dispute regarding the land. 4. There is no doubt in the mind of this court that the order though reflects that rejection is due to some dispute, however, in absence of any disclosure as to the nature of dispute etc, the petitioner can be said to be remediless, even though there is a provision of first appeal for the reason that he will have no clue to challenge such order in absence of any information as regards the nature of dispute, in whose behest such dispute is taken note off and how such objection has been dealt with by the designated public servant. 5. Though an affidavit has been filed which discloses that there are certain complaints, however, in absence of disclosing the nature of the complaint as well as furnishing a copy of such complaint to the petitioner and giving an opportunity of hearing as mandated in the Notification Dated 11.11.2022, while notifying composite land sale transfer as a public service. 6. The said Notification dated 11.11.2022 mandates the Circle Officer to afford a hearing and therefore, if there had been any objection/complaint against grant of sale permission, the Circle Officer was duty bound to intimate such facts to the petitioner and fix a date of hearing which has admittedly not been done in the present case. Page No.# 4/4 7. Accordingly the impugned rejection order stands set aside and quashed. 8. The petitioner is permitted to file a fresh application in terms of the Assam Right to Public Service Act, 2012 and such application be decided within the time prescribed under the Act and strictly following the prescription of notification dated 11.11.2022. 9. With the aforesaid, the writ petition stands disposed of. JUDGE Comparing Assistant