First appeals against Composite Land Sale Transfer rejections lie before the Director of Land Records.

The petitioner, an intended purchaser, entered into an agreement for sale concerning 2 Kathas 10 Lessas of land covered by Dag No. 652, Patta No. 176, at Village Paka Betbari, Barpeta Revenue Circle, Assam.

Before execution of the agreement, he applied through the Sewa Setu portal on 02.08.2024 for the notified public service of “Composite Land Sale Transfer”; the application was rejected on 14.10.2024.

He submitted a second application on 18.11.2024, which was also rejected on 07.01.2025.

The petitioner alleged that both rejection orders were non-speaking and contrary to the Assam Right to Public Services Act, 2012.

He subsequently filed a purported first appeal before the District Commissioner, Barpeta, on 10.08.2026, but the appeal was not considered.

He approached the High Court seeking directions for disposal of that appeal and delivery of the notified service.

The State authorities contended that the District Commissioner was not the competent first appellate authority; under the applicable notification, the first appeal lay before the Director of Land Records and Surveys, Assam.

1. Whether the District Commissioner, Barpeta, had jurisdiction to entertain and dispose of the petitioner’s first appeal against rejection of an application for “Composite Land Sale Transfer” under the Assam Right to Public Services Act, 2012.

2. Whether the petitioner could still pursue a first appeal before the competent appellate authority after expiry of the statutory limitation period, and whether delay could be condoned.

3. Whether the High Court should direct delivery of the notified public service in the writ petition.

The Court applied the Assam Right to Public Services Act, 2012, particularly Section 8(1), which permits a person aggrieved by rejection of a notified public service, or by non-delivery within the prescribed period, to file a first appeal before the notified First Appellate Authority within 30 days; its proviso permits condonation of delay where sufficient cause is shown.

Section 8(4) provides for a second appeal before the notified Second Appellate Authority.

The Revenue and Disaster Management Department’s notification dated 09.07.2024, published on 12.07.2024, notified “Composite Land Sale Transfer” as a public service, prescribed a 45-working-day timeline, designated the Director of Land Records and Surveys, Assam as the First Appellate Authority, and identified the AAT/RTPS Commission as the Second Appellate Authority.

An appeal filed before an authority that is not the notified appellate authority cannot be entertained or adjudicated by that authority.

The Court held that the applicable notification specifically designated the Director of Land Records and Surveys, Assam—not the District Commissioner, Barpeta—as the First Appellate Authority for “Composite Land Sale Transfer”.

Consequently, the District Commissioner lacked statutory jurisdiction to entertain or dispose of the appeal filed by the petitioner, and no mandamus could be issued requiring him to do so.

However, because Section 8(1) permits delayed appeals to be admitted upon satisfaction that sufficient cause prevented timely filing, the petitioner was not without a remedy.

He could file the appeal before the competent authority along with an application for condonation of delay, whereupon the First Appellate Authority was required first to decide the delay application and, if delay were condoned, consider the appeal on merits in accordance with law.

The Court permitted the petitioner to file a fresh first appeal before the Director of Land Records and Surveys, Assam, accompanied by an application for condonation of delay.

The competent authority was directed to consider the sufficiency of the stated cause for delay and thereafter, subject to that decision, examine the appeal on merits in accordance with law.

No direction was issued for immediate delivery of the “Composite Land Sale Transfer” service, and there was no order as to costs.