WP(C)/3254/2026 of JAHAN UDDIN AND ANR Vs THE STATE OF ASSAM AND ORS on 21 June 2026

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; and Ms. N. Bordoloi, learned Standing Counsel, Revenue & Disaster Management Department for the respondent no. 2.

2. It is the case of the petitioners, two in nos., that a parcel of land measuring 1 Bigha 2 Kathas 5 Lessas covered by Dag no. 139 and another parcel of land measuring 4 Kathas 7 Lessas at Village – Adabari Part-II, Dhubri Revenue Circle, District – Dhubri, Assam [‘the subject-plot’, for short] were allotted in the name of Amatulla Sk by allotment order dated 12.04.1976 vide Book No. 260, Sl No. 12968. The petitioners are sons of Late Amatulla Sk. The allotment order was issued under the hand of the respondent no. 3. It is the further case of the petitioners that since the date of allotment, the petitioners are in continuous occupation of the said subject-plot.

3. Seeking the benefit of notified public service, ‘Conversion of Allotment Certificate [AP] to Periodic Patta [PP], the petitioners submitted an application on 24.10.2024 and the receipt of the said application was duly acknowledged vide Acknowledgement no. RTPS/ALOT/2024/2819596 dated 24.10.2024. When after submission of the application, the petitioners tried to find out the status of processing of the application for the notified public service which was to be extended within a period of ninety days from the date of submission of the application in the designated portal/a comprehensive citizen platform [Sewa Setu], it showed that the application was under process.

4. 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]

Workflow LRA – LRS – CO – ADC – DC LRA LRS CO ADC DC Working Timeline [in days]

Revert/Descalation Timeline [in days]

-

First

Appellate Authority DLR&S Stipulated time for First

Appellate Authority

Second Appellate Authority AAT/RTPS Commission Stipulated time for First

Appellate Authority

Fees [in Rs.] 500/-

5. 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.

6. 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 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.

7. 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 10:03:22 +05'30'