Facts
The twelve petitioners claim that they or their predecessors were allotted 1-Bigha plots of homestead land in Charuabakhra Jungle Block, Dhubri, between 1987 and 2005
Source reference: p. 4, para. 2In January 2025, the Land Advisory Committee allotted a large tract of land, including the petitioners' plots, to the Assam Power Distribution Company Ltd (APDCL) for a power plant project
Source reference: p. 4, para. 3On 12.06.2025, the Additional District Commissioner (Revenue) issued a notice cancelling their allotment certificates for alleged non-conformity with terms and conditions and directed them to show cause
Source reference: p. 5, para. 4Prior to this, in February 2025, the petitioners had applied for the "Conversion of Allotment Certificate to Periodic Patta" under the Assam Right to Public Services Act, 2012, but no action was taken within the 90-day statutory limit
Source reference: p. 5, paras. 5-6Issues
1. Whether the writ petition is maintainable when a statutory remedy exists for the non-disposal of applications under the Assam Right to Public Services Act, 2012
Source reference: p. 7, para. 92. Whether the petitioners are entitled to interim protection against eviction pending the resolution of their land conversion applications
Source reference: p. 8, para. 9Law Applied
Assam Right to Public Services Act, 2012, specifically Section 4, which establishes timelines for notified services, and Section 8, which provide a two-tier appellate remedy for persons aggrieved by the non-delivery of services or decisions of a Designated Public Servant
Source reference: p. 6-7, paras. 7-8Revenue & Disaster Management Department Notification dated 09.07.2024, which categorizes "Conversion of Allotment Certificate to Periodic Patta" as a notified public service with a 90-day completion timeline and designates the Director of Land Records & Surveys (DLR&S) as the First Appellate Authority
Source reference: p. 6, para. 7Reasoning
The Court observed that the petitioners’ primary grievance stems from the failure of the authorities to process their conversion applications within the 90-day period mandated by the 2024 Notification
Source reference: p. 5-6, paras. 6-7Rather than adjudicating the merits of the land allotment cancellation or the conversion under Article 226, the Court reasoned that the Assam Right to Public Services Act, 2012, provides an "alternative, adequate and statutory remedy"
Source reference: p. 7, para. 9Under Section 8 of said Act, the petitioners have the right to approach the First Appellate Authority (DLR&S, Assam) to compel the service or challenge the inaction
Source reference: p. 7, para. 8The Court determined that judicial intervention is premature until this statutory hierarchy is exhausted, but acknowledged the necessity of a speaking order and the possibility of interim relief to prevent dispossession during the appeal process
Source reference: p. 8, para. 9Holding
The Court declined to entertain the writ petition due to the availability of an alternative remedy
It granted the petitioners liberty to file an appeal before the Director of Land Records & Surveys, Assam (1st Appellate Authority) within 30 days. The Appellate Authority was directed to consider the appeal on its merits and pass a speaking order within the statutory timeline. Additionally, the Court ordered the Appellate Authority to consider the petitioners' request for interim relief regarding their threatened eviction. The writ petition was disposed of with these directions
Source reference: p. 8, paras. 9-10Original Court PDF
Sopiar Rahman And OrsvsThe State Of Assam And Ors
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