Facts
The petitioner claimed that his family had possessed a 1 Bigha 1 Katha plot of Government land for more than five decades.
Source reference: para. 2On 18 June 2026, he applied through Sewa Setu for conversion of an allotment certificate to a periodic patta; the application was acknowledged, with a stated service-delivery timeline of 90 days.
Source reference: para. 3The application status later showed that it had been forwarded to the Additional District Commissioner/District Commissioner for a final order, but no decision had issued after the timeline expired.
Source reference: paras. 4–5, 10The petitioner also alleged that he had been threatened with eviction, although no eviction notice had been served.
Source reference: para. 6Issues
1. Whether the respondent authorities should be directed to decide the petitioner’s pending application for conversion of an allotment certificate to a periodic patta after the notified 90-day period had expired.
Source reference: paras. 5, 8, 102. Whether the petitioner’s apprehension of eviction warranted relief in the absence of a served eviction notice.
Source reference: paras. 6–7, 11Law Applied
The Assam Right to Public Services Act, 2014, together with the Revenue and Disaster Management Department notification dated 9 July 2024, governs the notified public service of converting an allotment certificate to a periodic patta; the notification specifies eligibility, required documents, and a 90-day delivery timeline.
Source reference: para. 8Any eviction process must comply with the procedure established by law, including service of prior notice.
Source reference: paras. 7, 11Reasoning
The petitioner’s application remained pending beyond the 90-day period prescribed for the notified service, and the State respondents did not oppose a direction requiring its disposal.
Source reference: paras. 7, 10The Court therefore directed the District Commissioner, Dhubri, as the Designated Public Servant, to decide the application under the ARTPS Act within a further specified period.
Source reference: para. 10As no eviction notice had been served, the Court did not grant separate eviction-related relief, but observed that any eviction must follow the lawful procedure, including prior notice.
Source reference: paras. 6, 10–11Holding
The Court disposed of the writ petition and directed the District Commissioner, Dhubri, to dispose of the petitioner’s application strictly in terms of the ARTPS Act within 30 days from submission of a certified copy of the order at the District Commissioner’s office.
It further observed that any eviction must follow the procedure established by law and include service of prior notice.
Source reference: para. 11Original Court PDF
Chorab Ali MondalvsThe State Of Assam And 2 Ors.
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