WP(C)/1459/2026 of MR. ISMAIL HOQUE AND ANR Vs THE STATE OF ASSAM AND ORS on 14 June 2026

ORDER

Date : 15-06-2026 Heard Mr. I. Haque, petitioner no. 1 in person; Mr. H.K. Hazarika, learned Junior Government Advocate, Assam for the respondent nos. 1, 3, 4 & 5; and Mr. A. Bhattacharyya, learned Standing Counsel, Revenue Department for the respondent no. 2.

2. It is the case of the petitioners that the petitioner no. 1 as the proposed purchaser and the petitioner no. 2 as the proposed seller have entered into an Agreement for Sale of a plot of land measuring 2 Kathas 10 Lessas, covered by Dag no. 886 & K.P. Patta no. 118, situated at Village – Bidyardabari Part-3, Agomani Revenue Circle, District – Dhubri, Assam [‘the subject-plot’, for short]. In order to obtain the notified public service namely, ‘Composite Land Sale Transfer’, the petitioners submitted an application along with the relevant documents in the designated online portal on 24.07.2025 and the application was received vide Acknowledgement no. NOC/02/53618/2025 dated 24.07.2025 on the premise that if the application had been accepted, then the service would be provided within a period of 45 days. However on 17.10.2025, the application submitted by the petitioner was rejected by the respondent no. 4 on the ground of insufficient documents and as remark, it was mentioned that the pattadar failed to submit documents. Aggrieved by the order of rejection, the petitioner preferred a first appeal before the First Appellate Authority under the provisions of Right to Public Services Act, 2012, as amended, on 22.12.2025. When the petitioners enquired about the status of appeal in the designated portal, the status of appeal was shown as ‘Query Made’. As the fate of the appeal was not known to the petitioners, the petitioners have preferred the instant writ petition under Article 226 of the Constitution of India.

3. One of the grounds urged on behalf of the petitioners is that though the application was rejected on 17.10.2025 on the premise that the documents submitted by the petitioners were insufficient but the rejection order did not disclose the nature of deficiencies found in the application of the petitioners for extending the public services, ‘Composite Land Sale Transfer’ with regard to the documents.

4. Notices were issued to the respondents on 13.03.2026.

5. Mr. Hazarika, learned Junior Government Advocate, Assam appearing for respondent nos. 1, 3, 4 & 5 has submitted, on instructions received from the respondent no. 4 in the form of an Office Letter no. AMC.2/2019/pt-III/272, dated 08.05.2026 addressed to him, that the notified public service, ‘Composite Land Sale Transfer’ was not extended to the petitioners in view of non- submission of a number of documents, that is, voters list of 1951, 1966 and 1971. It has been mentioned by the respondent no. 4 that the same are required for the verification purposes as for Dhubri district, being adjacent to the international border, such documents are of essential in matters relating to land transaction.

6. Having regard to the present status of the application, Mr. Hazarika has submitted that if the petitioners submit the documents which were not submitted earlier, within a reasonable period of time, the application submitted by the petitioner on 24.07.2025 can be processed further for the notified public service.

7. In response, Mr. Haque, the petitioner no. 1 in person has submitted that the requisite documents can be submitted within a period of 15 days from today.

8. In view of the above submission made by the learned counsel for the parties, notwithstanding the fact that the appeal of the petitioner is presently pending before the Appellate Authority, this Court is of the considered view that if the petitioners submit the deficient documents mentioned hereinabove, within a reasonable period, the writ petition can be disposed of with a direction to the respondent nos. 3 & 4 to process the application dated 24.07.2025 further.

9. Mr. Hazarika has further submitted that if the petitioners submit the documents within a period of 2 [two] weeks from today, the application can be processed further and a decision can be taken on it within a period of next 2 [two] weeks from the date of submission of such documents.

10. Taking into consideration the above submissions of the learned Junior Government Advocate, it is observed that the petitioners shall submit the voter lists of 1951, 1966 and 1971 within a period of 2 [two] weeks before the respondent no. 4 along with a copy of this Order. It is further observed that the respondent no. 4 on receipt of such documents from the petitioners, shall proceed to process the application bearing Acknowledgement no. NOC/02/53618/2025 dated 24.07.2025 and a reasoned decision is to be taken in terms of Notification for Composite Land Sale Transfer dated 11.11.2022 of the Revenue & Disaster Management Department, Government within a period of next 2 [two] weeks from the date of such receipt and the decision passed thereon shall be communicated to the petitioners forthwith thereafter.

11. This Order disposes of the writ petition. No cost.

JUDGE Comparing Assistant