Availability of statutory remedy under Right to Public Services Act bars writ jurisdiction in land conversion disputes.

In brief

The question

1. Whether the writ petition is maintainable in light of the alternative statutory remedies available under the Assam Right to Public Services Act, 2012 for the non-disposal of land conversion applications

The court held

The court declined to entertain the writ petition due to the availability of an alternative, adequate, and statutory remedy.

It also directed

The court directed the petitioners to file an appeal before the 1st Appellate Authority (Director of Land Records & Surveys, Assam) within 30 days and held that the Appellate Authority must consider the case on its merits and specifically address any prayer for interim relief regarding the petitioners' eviction through a speaking order.

01Facts

The petitioners claim to have been allotted 1-Bigha plots for homestead purposes in Village Charuabakhra Jungle Block, Dhubri, between 1987 and 2005

pp. 2-3

In January 2025, the Land Advisory Committee allotted a large parcel of land, including the petitioners' plots, to the Assam Power Distribution Company Ltd (APDCL) for a power plant project

p. 3

On June 12, 2025, the petitioners received notices stating their allotment certificates were cancelled for non-conformity with terms and conditions and were labeled unauthorized occupants

p. 3

Prior to this, in February 2025, the petitioners had applied for the "Conversion of Allotment of Certificate to Periodic Patta" under the Assam Right to Public Services Act, 2012

p. 3

Despite the statutory 90-day period lapsing, no action was taken on their applications

p. 4

02Issues

i.1. Whether the writ petition is maintainable in light of the alternative statutory remedies available under the Assam Right to Public Services Act, 2012 for the non-disposal of land conversion applications

p. 5

ii.2. Whether the petitioners are entitled to interim protection against eviction pending the resolution of their statutory appeals

p. 6

03Law Applied

Section 8 of the Assam Right to Public Services Act, 2012 provides a two-tier appellate remedy for persons aggrieved by a failure to provide notified services within the stipulated time or by a decision of a Designated Public Servant.

p. 5

Notification dated 09.07.2024 issued by the Revenue & Disaster Management Department categorized the "Conversion of Allotment of Certificate to Periodic Patta" as a notified public service with a 90-day mandatory timeline for disposal.

p. 4

Provisions in the judgment · 2

Assam Right to Public Services Act, 2012 Section 4Section 8

04Reasoning

The court observed that the petitioners’ primary grievance served as a failure of the "Designated Public Servant" to act upon applications for a notified service—land conversion—within the 90-day statutory window.

p. 4, 6

Under the Notification dated 09.07.2024, if a service is not provided within the timeline, Section 8 of the 2012 Act mandates that the aggrieved party must first approach the 1st Appellate Authority, identified here as the Director of Land Records & Surveys, Assam.

pp. 5-6

Applying the principle of exhaustion of alternative remedies, the court reasoned that since a specific statutory mechanism exists to address administrative delays and grievances related to public services, the High Court should not exercise its discretionary writ jurisdiction at this preliminary stage.

p. 6

The court further noted that the Appellate Authority possesses the power to record reasons and grant necessary relief, including the consideration of stay orders.

p. 6