Page No.# 1/8 GAHC010127372026 2026:GAU-AS:9122 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3302/2026 SOPIAR RAHMAN AND ORS S/O-LT. RUSTAM ALI. R/O- VILLAGE- CHARUA BAKHRA JUNGLE BLOCK, P.O.- CHIRAKUTA, P.S.- CHAPAR, DISTRICTDHUBRI, ASSAM, PIN-783348. 2: ATOR ALI S/O- ALIM UDDIN. R/O- VILLAGE- CHARUA BAKHRA JUNGLE BLOCK P.O.- CHIRAKUTA P.S.- CHAPAR DISTRICTDHUBRI ASSAM PIN-783348. 3: KURAM ALI S/O- LT. HURMUJ ALI SK. R/O- VILLAGE- CHARUA BAKHRA JUNGLE BLOCK P.O.- CHIRAKUTA P.S.- CHAPAR DISTRICTDHUBRI ASSAM PIN-783348. 4: SHAH JAMAL S/O- LT. RUSTAM ALI. R/O- VILLAGE- CHARUA BAKHRA JUNGLE BLOCK P.O.- CHIRAKUTA P.S.- CHAPAR DISTRICTDHUBRI ASSAM PIN-783348. Page No.# 2/8 5: MUBARAK HUSSAIN S/O- HELLAL UDDIN. R/O- VILLAGE- CHARUA BAKHRA JUNGLE BLOCK P.O.- CHIRAKUTA P.S.- CHAPAR DISTRICTDHUBRI ASSAM PIN-783348. 6: RANGIA BEGUM D/O- LT. KARIM ALI. R/O- VILLAGE- CHARUA BAKHRA JUNGLE BLOCK P.O.- CHIRAKUTA P.S.- CHAPAR DISTRICTDHUBRI ASSAM PIN-783348. 7: KOBED ALI S/O- LT JABBAR ALI. R/O- VILLAGE- CHARUA BAKHRA JUNGLE BLOCK P.O.- CHIRAKUTA P.S.- CHAPAR DISTRICTDHUBRI ASSAM PIN-783348. 8: ABIYA KHATUN W/O- OSMAN ALI. R/O- VILLAGE- CHARUA BAKHRA JUNGLE BLOCK P.O.- CHIRAKUTA P.S.- CHAPAR DISTRICTDHUBRI ASSAM PIN-783348. 9: SUKJAN ALI W/O- JAHIR UDDIN. R/O- VILLAGE CHARUA BAKHRA JUNGLE BLOCK P.O.- CHIRAKUTA P.S.- CHAPAR DISTRICT-DHUBRI ASSAM PIN-783348. 10: AYMONA BIBI W/O- SATTER ALI Page No.# 3/8 11: RAJIBUL ISLAM S/O- SALLER ALI 12: SADDAM ALI S/O- MOKRAM AL VERSUS THE STATE OF ASSAM AND ORS REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM, DISPUR GHY-06. 2:THE SECRETARY TO THE GOVT. OF ASSAM REVENUE AND DISASTER MANAGEMENT DEPARTMENT DISPUR GHY-06. 3:THE DISTRICT COMMISSIONER DHUBRI ASSAM PIN-783301 4:THE ADDITIONAL DISTRICT COMMISSIONER (REVENUE) DHUBRI ASSAM. 5:THE CO- DISTRICT COMMISSIONER BILASIPARA DIST. DHUBRI ASSAM PIN-783348. 6:THE ASSAM POWER DISTRIBUTION COMPANY LTD (APDCL) REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR BIJULEE BHAWAN PALTANBAZAR GHY DIST.- KAMRUP (M) ASSAM GHY-781001. 7:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM DEPARTMENT OF POWER DISPUR GHY-06 Page No.# 4/8 8:THE CIRCLE OFFICER CHAPAR REVENUE CIRCLE DIST.- DHUBRI ASSAM PIN-783371 Advocate for the Petitioner : MR. M U MONDAL, MR. A W MONDAL,MS. N NASRIN,A A AHMED,MR A ALIM SK,MR K ISLAM Advocate for the Respondent : GA, ASSAM, SC, APDCL,SC, REVENUE BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY JUDGMENT 22.06.2026 Heard Mr. M.U. Mondal, learned counsel for the petitioners; Mr. D. Nath, learned Senior Government Advocate, Assam for the respondent nos. 1, 3, 4, 5, 7 & 8; Mr. A. Bhattacharya, learned Standing Counsel, Revenue & Disaster Management Department for the respondent no. 2; and Ms. S. Baruah, learned counsel on behalf of Mr. B. Das, learned Standing Counsel, APDCL for the respondent no. 6. 2. The petitioners have stated that either they or their grandparents or parents were allotted plots of land measuring 1 Bigha each for homestead purpose at Village – Charuabakhra Jungle Block, Chapar Revenue Circle, District - Dhubri, Assam in the years 1987, 1989 and 2005 respectively. On being allotted the plots of land, the family of the petitioners started residing in those plots of land. 3. However, in a Meeting held on 26.01.2025 of the jurisdictional Land Advisory Committee of Bilasipara Co-District, a huge parcel of lands has been allotted in favour of the respondent Assam Power Distribution Limited [APDCL] for the purpose of setting up a power plant. Page No.# 5/8 4. Thereafter by a notice dated 12.06.2025 issued under the hand of the respondent no. 4, the petitioners were informed that the allotment certificates issued to them or to their predecessors were cancelled due to non-conformity of the stipulated terms and conditions as laid down in the allotment certificates, without informing the terms and conditions which are stated to be violated. By the notice, the petitioners were informed that the following parcels of Government land have been allotted to the APDCL for a power plant project :- [i] 100 Bighas 0 Katha 0 Lessa [100B-0K-0L] covered by Dag no. 1, 758 Bighas 0 Katha 0 Lessa [758B-0K-0L] covered by Dag no. 70 and 500 Bighas 0 Katha 0 Lessa [500B-0K-0L] covered by Dag no. 117 of Village – Charua Bakra Jungle Block. [ii] 200 Bighas 0 Katha 0 Lessa [200B-0K-0L] covered by Dag no. 2, 140 Bighas 0 Katha 0 Lessa [140B-0K-0L] covered by Dag no. 206 and 85 Bighas 0 Katha 0 Lessa [85B-0K-0L] covered by Dag no. 5 of Village – Santoshpur. [iii] 355 Bighas 0 Katha 0 Lessa [355B-0K-0L] covered by Dag no. 232 and 68 Bighas 0 Katha 0 Lessa [68B-0K-0L] covered by Dag no. 110 of Village – Chirakuta Part-I. [iv] 194 Bighas 2 Kaghas 15 Lessas [194B-02K-15L] covered by Dag no. 202 of Village – Noonmati Part-I. 5. By the notice, the petitioners were asked to show cause and to file representation along with supporting documents within a period of fifteen days on the premise that their occupation on the parcels of land was unauthorized and illegal. In the meantime, the petitioners had already submitted applications for the notified public service, ‘Conversion of Allotment of Certificate to Periodic Patta’ before the Designated Public Servant under the provisions of the Assam Right to Public Services Act, 2012 and receipt of those applications were duly acknowledged. The acknowledgement receipts are annexed as Annexure-3 series to this writ petition. 6. As per the acknowledgement receipts, the notified public service, ‘Conversion of Allotment of Certificate to Periodic Patta’ was to be extended to the petitioners within a period of ninety days from the date of the application. Therefore, the petitioners were waiting for the outcome of their applications. The petitioners have stated that despite submission of Page No.# 6/8 their applications in the month of February, 2025 and elapse of the statutory period of ninety days for consideration, neither the notified public service had been extended to the petitioners nor any speaking order had been passed, as mandated by the provisions of the Assam Right to Public Services Act, 2012, as amended. 7. In this connection, it is relevant to refer to a Notification dated 09.07.2024 of the Revenue & Disaster Management Department, Government of Assam which was published in the Official Gazette on 12.07.2024. By the Notification dated 09.07.2024, ‘Conversion of Allotment of Certificate to Periodic Patta’ has been notified as a public service under the Right to Public Services Act. The relevant parts of the Notification read as under :- Name of Service :- Conversion of Allotment of Certificate [AC] to Periodic Patta [PP] Service Conversion to AC to PP Eligibility Criteria Applicants, who have been allotted Land by the Government as per extant policy and rules, can apply for conversion of Allotment Certificates to Periodic Patta. Documents Required 1. Allotment Certificate. 2. Legal heir document [in case allottee has expired] DPS DC Timeline [in days] 90 Workflow LRA – LRS – CO – ADC – DC LRA LRS CO ADC DC Working Timeline [in days] 30 5 15 5 5 Revert/Descalation Timeline [in days] 10 - 5 5 10 First Appellate Authority DLR&S Stipulated time for First Appellate Authority 30 Page No.# 7/8 Second Appellate Authority AAT/RTPS Commission Stipulated time for First Appellate Authority 60 Fees [in Rs.] 500/- 8. As per Section 8 of the Assam Right to Public Service Act, 2012 which has provided for a remedy of appeal, any person who, does not get notified service within the stipulated time limit specified under Section 4 or is aggrieved by a decision of the Designated Public Servant, may, within 30 days from the expiry of the stipulated period or from the date of receipt of such decision, as the case may be, prefer an appeal to the 1st Appellate Authority notified under sub-section [3] of Section 4. It is provided that the 1st Appellate Authority may admit the appeal after the expiry of 30 days if he or she is satisfied that the Appellant was prevented by sufficient cause from filing the appeal in time. The Appellate Authority may order the Designated Public Servant to provide the notified service within the stipulated time limit as specified in the notification under Section 4 for that service or may reject the appeal and in case of rejection of the appeal, the Appellate Authority shall record the reasons in writing for rejection of the appeal in his order. Before deciding the appeal, the Appellate Authority shall have to give reasonable opportunity of being heard to the Appellant as well as the Designated Public Servant. The Applicant aggrieved by any order of the Appellate Authority, may make a Second Appeal within sixty days from the date of receipt of the order of the Appellate Authority in the appeal before the Commission. 9. As the grievance raised by the petitioners in the present writ petition is with regard to non-disposal of their applications submitted for the notified public service, ‘Conversion of Allotment Certificate to Periodic Patta’, the petitioners have an alternative, adequate and statutory remedy of preferring an appeal before the 1st Appellate Authority, that is, the Director of Land Records & Surveys, Assam. Therefore, the writ petition in the given fact and Page No.# 8/8 circumstances and in view of availability of the alternative, adequate and statutory remedy, is not entertained, reserving the liberty to the petitioners to avail the remedy of appeal under Section 8 of the Assam Right to Public Services Act. If the petitioners intend to prefer such appeal, then the same shall be filed before the 1st Appellate Authority, that is, the Director of Land Records & Surveys, Assam within a period of thirty days from today and on filing of such appeal, the 1st Appellate Authority shall entertain the appeal and consider the same on its own merits within time period prescribed in the Assam Right to Public Services Act. As the petitioners have raised an apprehension that the respondent authorities are contemplating their eviction, the 1st Appellate Authority shall also consider such prayer for interim relief, if sought for by the petitioners on merits and may pass an interim order, as permissible in law. It is needless to mention that the appeal is to be disposed of by passing a speaking order. 10. With the observations made and direction given above, the writ petition is disposed of. JUDGE Comparing Assistant Digitally signed by Rupam Basumatary Date: 2026.06.25 10:01:37 +05'30'